Stringent bail conditions contribute to prison congestion – Lawyers
A number of lawyers have pointed out that stringent bail conditions are contributing to prison congestion in Nigeria. Mr. Spurgeon Ataene, a Lagos-based lawyer and social critic, noted that the overcrowding in prisons highlights indiscriminate incarceration of individuals for minor offenses.
He suggested that bail conditions should be reviewed to address this problem, stating that some bail terms, such as requiring civil servants, property owners, community leaders, or individuals in blue-chip companies to act as sureties, are contributing to the situation.
Ataene urged the chief judge of Lagos State to send a circular to all the courts, advising them to accept relatives as sureties. He stressed that the role of a surety is to ensure the defendant’s attendance in court when required.
READ ALSO: Kanayo blasts Reno Omokri over donations for Mr Ibu
Additionally, Ataene suggested that prosecutors should stop objecting to bail, and the Directorate of Public Prosecutions should provide proper guidance to state counsel.
Mrs. Francisca Madu, another Lagos-based lawyer, emphasized the importance of making bail conditions flexible to prevent overcrowding in remand centers. She highlighted that bail is a constitutional right for defendants, except in capital offenses, and that imposing difficult conditions can lead to fake documents being used.
Mr. Ogedi Ogu, the Convener of the Advocacy for Justice and Accountability, also raised concerns about the imposition of stringent bail conditions by some magistrates and judges. He cited instances where sureties were required to provide photographs taken with the accused person and work for reputable or blue-chip companies.
Ogu called for the abandonment of stringent bail conditions as a strategy to decongest custodial facilities and emphasized the importance of upholding the constitutional presumption of innocence for defendants.
These lawyers’ views reflect growing concerns about the conditions contributing to prison overcrowding in Nigeria, and they call for a reconsideration of bail terms to address the issue.
