Almost everyone knows that bail is free, but how many people are ready to enforce that right? There is nowhere in any law of the Federation where you are required to pay for bail. It is bribery and corruption of public officials for which the giver and the taker are both liable to 7 years in prison.
In many instances, it is the suspect himself or his relations that offer the Police bribe in the form of “bail money” so that the suspect will not be detained. This is wrong. And if you offer bail money to an incorruptible police officer, he can charge you for the offence of bribing a public official.
In the majority of cases, however, it is the Police officers themselves who make such demands for money before the suspect is released on bail. They threaten to detain the suspect forever if they are not given money or to charge him to court and make sure he goes to jail, detain him with hardened criminals, or make many other unlawful threats. Many people start shaking and look everywhere desperately for such money. Do not be moved or shaken by such threats! Even if the police threaten you with detention, it is not a jail term! Your detention can only last for a short period. Some other person may laugh at you and tell you that doesn’t work in Nigeria.
But it is your right to insist that you are entitled to bail and not pay for it. I must tell you that demanding or receiving a bribe is an offence against discipline for any policeman, according to paragraph C(ii) of Schedule 1 of the Police Act which is at the back of this book. It is to your advantage to remember this or even tell the Policeman bluntly that you will report his demand to the X-Squad.
The X-Squad of the Nigerian Police
The X-Squad is the anti-corruption department of the Nigeria Police. Their primary duty is to investigate cases of corruption or abuse of office by policemen throughout the country. They work directly with the Inspector General of Police and no police officer, no matter how high ranking, likes to have anything to do with the X-Squad. At times you find police officers in detention when you visit police cells. Most of them are in detention for demanding bribes and abuse of office. Many policemen are dismissed for these offences because the Police authorities view them as serious. And many high-ranking police officers have been demoted when caught by the X-squad for demanding bribes.
When a policeman demands money from you illegally, e.g., for bail, all you need to do is visit the X-Squad and make your complaints. The X-Squad gives you “marked money” and detectives follow you to the station to catch the policemen in the act. And when they are caught in this manner, their punishment is non-negotiable. I have personally been involved in a matter even at a Zonal headquarters where a Deputy Superintendent of Police (DSP) demanded bribes and we reported the matter to the X-Squad. We were given the money as well as officers to accompany us, and the DSP was arrested, even under the very nose of the Assistant Inspector General of Police (A.I.G.), who immediately washed its hands off the DSP. He was later tried and demoted to a Sergeant and then transferred to a police station in a remote village.
There are many examples like this too. So, this is not a fantasy or fairy tale. You don’t have to be a lawyer or educated to do this. All you need do is just report at the X-Squad, and it will be taken up.
The X-Squad’s Lagos office is directly opposite the F.I.I.B., Alagbon, close to the Nigerian Immigration Office, Alagbon close, Ikoyi, Lagos. They have offices around the Federation. You can also obtain more information about this on their website.
So, you need to be self-confident and maintain your right. Even if you have committed an offence, this is not enough reason for any policeman to demand and extort money from you for bail. It is wrong and illegal. You are also not permitted to offer bail money.
Since Bail is Free, What is Your Payment for Release?
The process of bail is for you to present a responsible person who will stand surety for you, i.e., he will give a written guarantee that you cannot run away but will report yourself whenever your presence is required. This person is called your surety. Therefore, the surety may be arrested and charged to court instead where the offender absconds or fails to appear. So, please note that it is dangerous to stand surety for a suspect you do not know very well.
At times too, bail may be given in self-recognizance. This means that the suspect is granted bail in recognition of his personality. This is mainly for prominent citizens of the society and especially where the offences are not serious ones.
Learn more about your rights against the police and in court