By OLUSOJI DAOMI
Imagine a woman whose liberty has just been restored by a court, subject to bail conditions. The judge says bail is granted in the sum of ₦10 million, with two sureties. One must be a relative; the other must be a civil servant not below Grade Level 12. Both must depose to affidavits of means.
Instead of celebrating, the woman becomes distressed. She turns to her lawyer and asks: “Counsel, where am I supposed to find ₦10 million? Does this mean I must pay the court before I can go home?”. This is a familiar misunderstanding in our criminal justice system, and it deserves public attention. A bail bond of ₦10 million does not, by itself, mean that the defendant must produce ₦10 million in cash and hand it over to the court.
Let us understand what the court is actually saying. When a court grants bail in a stated sum, it is ordinarily fixing the financial undertaking attached to the defendant’s release. The defendant and, where required, the sureties may be required to enter into a recognisance — a formal undertaking to ensure that the defendant appears in court whenever required and complies with the applicable conditions.
In simple language, the surety is telling the court: “I undertake to stand behind this defendant’s obligation to appear. If the recognisance is lawfully forfeited, I understand that I may be called upon to pay the amount for which I have undertaken responsibility.”
That is why the court may request an affidavit of means. The purpose is to establish the surety’s financial circumstances and whether the person is suitable to undertake the obligation. Evidence of employment, income, landed property, vehicles, bank statements or other assets may be relevant, depending on what the court requires. A surety who owns property may produce the relevant title documents; one who is employed may provide evidence of employment and income.
But there is a distinction Nigerians must not miss: proving financial capacity is not the same thing as paying the bail sum into court. Nor should anybody assume that presenting a car or a property automatically satisfies the court. The court must be satisfied that the proposed surety meets the conditions it has imposed.
There is, however, an important qualification. It would be legally inaccurate to tell Nigerians that bail never involves the payment or deposit of money. Section 165(2) of the Administration of Criminal Justice Act 2015 expressly empowers a court to require the deposit of a specified sum of money or other security from the defendant or surety before approving bail. Where the court expressly imposes such a deposit condition, it must be complied with or lawfully varied. The actual wording of the bail order, not assumptions about what bail usually means, is what matters.
Now consider the consequences if the defendant disappears and fails to attend court. The sureties may find themselves in serious difficulty. Under section 179 of the Administration of Criminal Justice Act 2015, where a recognisance is proved to have been forfeited, the court must record the grounds and may call upon the persons bound by the recognisance to pay the penalty or show cause why it should not be paid. The surety is therefore not merely signing a harmless document to help a friend or relative. The undertaking carries real legal and financial consequences.
This is why anyone considering standing as a surety must understand the obligation before signing. Do not stand as surety simply because the accused is your brother, sister, spouse, friend or colleague. Do not sign a recognisance you have not read. You should know the amount for which you are undertaking responsibility, the conditions attached to it and what may happen if the defendant fails to comply.
There is another point worth emphasising. The fact that a court has granted bail does not mean that the defendant can be released without satisfying the conditions imposed. Where the court requires two sureties, both must be presented and approved. Where it requires a relative or a civil servant of a particular grade level, those conditions must be addressed. A defendant who cannot satisfy the conditions may need to apply to the court for a variation; the lawyer cannot simply disregard the order.
And what if the bail conditions are unreasonable or excessively difficult? The answer is not to abandon the bail order or resort to unofficial payments. The proper course is to approach the court through the appropriate legal process and seek a variation or review, where the law and circumstances justify it.
The larger lesson is that Nigerians must understand the language of the courtroom. A bail sum is not automatically a demand for cash. A surety is not merely a character witness. An affidavit of means is not a ceremonial document. And a recognisance is not a paper to be signed casually.
Before you panic over a ₦5 million, ₦8 million or ₦20 million bail sum, read the order and understand what the court has actually required. It may be a recognisance, a cash deposit, other security or a combination of conditions. These are not necessarily the same thing.
The law should not be a mystery to the people it governs. An informed citizen is less vulnerable to exploitation, less likely to misunderstand judicial orders and better equipped to protect his or her rights.
Remember: you may not have to pay the stated bail sum upfront, but if you sign as surety, you may have undertaken a financial responsibility that can become enforceable. Never sign what you do not understand.
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