10 Bail Demands Police Cannot Legally Make — Know Your Rights

WHEN Nigerians encounter the police, one of the most common points of abuse is the granting of bail. Although the law is clear that bail at the police station is free, unlawful demands, intimidation, and outright extortion continue to thrive. Understanding your rights is the first step to stopping these abuses before they happen.

Below are 10 bail conditions the police have no legal right to impose—and the constitutional protections that back you up.

1. Police Cannot Demand Money as “Bail Fee”

Bail at the police station is completely free. Both the Constitution and the Police Act affirm this.
So, statements like:

• “Bring money for bail,”

• “Pay ₦20,000 to open a file,”

• “Bail is ₦50,000,”
  have no legal basis and amount to extortion. Your liberty is a right, not something you must buy.

2. Police Cannot Ask You to Bring Fuel, Water, or “Logistics”

Many Nigerians are familiar with this trick:

“Buy fuel for our patrol van,”

“Buy pure water for the office,”

“Bring money for pen, paper, or generator.”

None of these is a lawful bail condition. They are tactics to coerce money through indirect means.

3. Police Cannot Dictate the Profession of Your Surety

You may be asked to produce a responsible surety, but police officers cannot insist:

• “Your surety must be a civil servant,”

• “Bring a lawyer,”

• “Bring a level 12 officer.”
  The law only requires that the surety be identifiable, traceable, and willing—not elite or government-employed.

4. Police Cannot Demand Land Papers or Property Documents for Minor Offences

Some officers use property documents to intimidate suspects. But requesting land papers for minor offences is unlawful and oppressive.

Bail conditions must always be proportional to the alleged offence—not tools of fear.

5. Police Cannot Force You to Write or Sign a Statement Before Bail

Your right to remain silent is protected by the Constitution.

If you choose not to write a statement, the police cannot use bail as leverage. Bail is not a reward for confessing or cooperating.

6. Police Cannot Demand Your ATM Card, Bank App Access, or Phone Password

This is a gross violation of privacy, and it is illegal.

No officer has the authority to insist on your personal financial tools as part of bail conditions. If they attempt it, they are violating both constitutional protections and criminal laws.

7. Police Cannot Force You to Produce the Complainant Before Bail

Some officers say, “Go and bring the person that reported you.”

This is unlawful. Bail conditions must relate only to ensuring you return for investigation—not to locating or convincing the complainant to appear.

8. Police Cannot Ask You to Pay for Cell Space

Terms like:

• “Cell money,”

• “Accommodation fee,”

• “Payment for sleeping space,”
  are illegal. A police cell is not a commercial guest house. Detention facilities are the government’s responsibility—not yours.

9. Police Cannot Demand Bribes Through Indirect Codes

Some officers avoid direct demands but use coded language:

“Arrange something,”

“Make the boys happy,”

“Put something on the table,”

“We need appreciation.”

These are still bribes. Bail is your right, not a favour requiring payment.

10. Police Cannot Withhold Bail to Punish You

Bail cannot be denied because:

• You refused to pay a bribe,

• You “annoyed” an officer,

• You insisted on your rights,

• You didn’t greet respectfully,

• You don’t have money.

Bail may only be denied for clear legal reasons, such as risk of escaping or interfering with investigation—not emotional grievances or financial expectations.

THE BASIC RULE

Bail must always be:

• Reasonable,

• Non-punitive,

• Non-commercial,

• Free of coercion or extortion.

Ignorance is expensive. Knowledge is protection. Your rights remain your rights—whether you know them or not. Now you do.