Bail is a Right, Not a Favor: Nigerian Judges Must Stop Using Bail Conditions to Silence the Innocent.
By Umar Ibrahim Umar (U.I Umar).
As a human rights and anti-corruption activist, I feel compelled to address a deeply troubling issue within the Nigerian judiciary: the imposition of unjust bail conditions that prevent individuals from granting media interviews or expressing their views about their ongoing cases. These restrictions are not only unconstitutional but also a violation of fundamental human rights, specifically the right to freedom of expression as guaranteed by Section 39 of the Constitution of the Federal Republic of Nigeria.
It is appalling that such practices exist, particularly in cases involving government officials, political figures, or politically motivated charges. This practice restricts the rights of dependents, denying them the opportunity to speak out about potential abuses within the justice system and share the truth of their experiences with the public. It is especially concerning when innocent Nigerians, who may have been victims of unlawful arrests, malicious prosecutions, or rights violations, are silenced by this unjust court condition.
Bail is not a favor that the courts bestow upon defendants, it is a right, as stipulated by the Nigerian laws.
Section 36(5) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) guarantees that any person charged with a criminal offense shall be presumed innocent until proven guilty. This is a fundamental principle of justice that should be upheld at all costs. By imposing restrictive bail conditions that prevent individuals from speaking out, some judges are treating bail as a privilege granted to the dependent (accused), rather than a right that cannot be denied without valid legal grounds. This undermines the very essence of the presumption of innocence, suggesting that the accused is guilty before trial.
Such conditions not only violate the right to a fair trial, but they also amount to punishment before conviction. The injustice of preventing someone from sharing their side of the story, particularly when they have been wrongfully arrested or maliciously prosecuted, exacerbates the harm caused by the legal system. Judges must remember that the right to freely express one’s views and seek redress is fundamental to ensuring transparency and justice. Silencing the dependent (accused) only fuels the perception that the judiciary is complicit in unlawful practices.
It is further disheartening when these cases, which often involve politically motivated charges, are ultimately dismissed at the trial or appeal level. By that time, the damage has already been done. The dependent (accused) has been publicly branded as guilty, and their reputation, career, and emotional well-being may have been irreparably harmed. The imposition of restrictive bail conditions without cogent and acceptable reason is an unnecessary and unlawful punishment that cannot be undone by a favorable ruling later on.
Judges and courts are supposed to be the defenders of justice, the protectors of human rights, and the upholders of the rule of law. However, when courts collude with corrupt officials, law enforcement officers, and investigators who abuse their powers, they risk becoming complicit in the very injustices they are meant to correct. This represents a serious betrayal of the public trust and a failure to uphold ethical and professional standards.
In Nigeria, it is far too easy for innocent citizens to be unlawfully arrested, maliciously investigated, and unjustly persecuted. The abuse of office is rampant, and the vulnerable are often subjected to these abuses. It is time for the judiciary to stand up for the rights of the people. Judges must stop imposing unconstitutional bail conditions that violate the rights of accused individuals and uphold the principle that bail is a right, not a privilege.
I urge Nigerians to stand firm against these injustices and demand accountability from those who abuse their positions of power. When we witness the misuse of authority, it is our duty to rise up, hold perpetrators accountable, and protect the rights of the victims. Only through collective action can we ensure that justice is served and that the integrity of our legal system is preserved.
It is time for Nigerian courts to recognize their role as guardians of justice and the rule of law. We must demand an end to these unjust bail conditions and stop the collaboration with authorities who trample on the rights of the people. The time for change is now. The Nigerian judiciary must fulfill its duty to protect the rights of all Nigerians, not perpetuate injustice.
Stop abusing your bench, judges. Let justice, fairness, and respect for human dignity prevail.
About the Author
Umar Ibrahim Umar (U.I Umar) is a Human Rights, Anti-Corruption and Rule of Law Advocate.
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