EDO, NIGERIA: One afternoon in April 2024, Jessyking Alabi, 21, went out to power his mobile phone. He became more dependent on the mobile phone since he completed his final exams. Living in a neighborhood where power supply was epileptic meant the recent secondary school graduate had to source other means. Unfortunately, little did he know he would not go back home that day.
“I had gone out to charge my phone after the light in our house was interrupted for days. When we were there, the police arrived in a bus and some vans and arrested all of us at the place.”
Arrested without any explanation, Jessyking and five others were required to pay before bail could be granted, “It was a surprising experience, but I spent three days at the station,” Jessyking recalled.
Despite the prohibition of indiscriminate arrests of citizens by law enforcement organizations, such acts continue. In Nigeria, the unlawful arrests of citizens by the police without substantial evidence are not strange. They are made to spend days in cells; worse still, they pay an unaccountable amount of money before release.
“When he was arrested and taken to the station, they asked us to pay over a hundred thousand naira, which we were not able to raise even though he had not committed any offense. We pleaded but he was not released”, Jessyking’s brother, Jerry Alabi, stated.
Extant laws in Nigeria including the Police Act 2020 (section 62) mandates the Nigerian police to grant free administrative bail to arrested suspects within 24 or 48 hours except for capital offences. However, this is not always the case as police officers in Nigeria are notorious for demanding money for bail bonds and flaunting other laws.
Jerry Alabi found out about the Bail-Is-Free Campaign from a friend and after consulting them, Jessyking regained his freedom, without paying the police bail. “When the members of the Bail Is Free campaign engaged the police authorities, he was released without the payment of any amount,” Jerry told The SolutionsPaper.
The Bail is Free Campaign is a network of active citizens aiding other citizens access free bail, holding the police accountable for free bail and educating citizens on the position of the law regarding bail in Edo state.
Doo Adikpo, a human rights lawyer, explained that different procedures have been prescribed by the authorities, especially for criminal offenses. According to Adikpo, the police may not process bail for criminal allegations but are mandated to grant free bail for non-criminal offenses. She insisted that bail is free, but in court, there could be conditions to be met before release.
The Bail is Free Campaign
In December 2021, two teenage kids aged 17 and 16, were arbitrarily arrested by the Police in Benin city, Edo state and their guardian, Mr Edigin’s refusal to part with money to secure their bail meant they spent an entire weekend behind police bars.
This incident triggered Edigin to begin a network of active citizens in 2022 to help other citizens access free bail and educating citizens on the position of the law regarding bail.
“We started the initiative here in Edo State. The beginning of the campaign was quite emotional for me but the harassment of young people who have never had the privilege of standing for themselves has led to the formation of this team, which has now helped numerous persons across the country,” Edigin told The SolutionsPaper.
Section 35(4) of the Nigerian Constitution specifies that everyone apprehended must be brought before a court within a reasonable time, and if they are not tried within a set period, they must be freed unconditionally or under reasonable conditions to assure their attendance for trial.
Thrice every month, the Bail is Free Campaign visits police stations across Edo state to enforce free bail and create awareness on extant laws in Nigeria including the Police Act 2020 and the constitution of the country.
The activities of the Bail Is Free Campaign members have led to the release of over 50 persons in Edo, Ondo, Enugu, and other parts of the country through funds from over 200 members. With the usual demand for bail before the release of detainees, the organization engages in mediation with police representatives to secure the release of the arrested individuals who are involved in different cases.
For example, Genesis John and his girlfriend, Josephine, two university students in Edo state, were arrested by the police after an allegation of food poisoning by a friend who suffered stomach discomfort. Genesis’ sister, Mrs. Aligbe, explained that they had spent days at the Edo State CID with the police demanding bail until the Bail Is Free campaign arrived and secured their releases.
“I was helpless when a friend told me about them. We were able to secure the release of the two of them through the effort of the Bail Is Free campaign people. When they arrived, they engaged the officer. They had asked us to pay an amount before they were let go, but at last, we didn’t pay any amount, and they were free,” Mrs. Aligbe said.
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Challenges
“In Nigeria, there are different kinds of bail legally, [administrative bail] is meant to be free, but when you get there, you discover that it is not always what happens,” Adikpo lamented.
Edigin also noted that the group’s activities face threats from the police, limiting the willingness of more people to join the movement and enforce their right to free administrative bail.
In response, Adikpo emphasized the need for dialogue as an alternative means of resolving issues when faced with threats from security agencies, particularly the police. She noted that while such steps often yield positive results, legal redress should be pursued if resolution efforts fail.
She also encouraged the group to consistently file petitions against officers who actively hinder the process to ensure accountability and justice.
Credits
Editing: Adebola Makinde
Linus Egwu is a developmental journalist with high interest in accountability and the rule of law. He holds a degree in Mass Communication from the Benue State University, Nigeria. He is into constructive communication and organizations image management
