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Bail Bond in Nigeria: What It Means to Stand as Surety Risks, Rights, and How to Stay Safe
Imagine your friend, relative or colleague is arrested and detained. In the rush and emotion, you may be asked to stand surety so that the suspect can be released on bail. It may feel like a good deed, helping someone, believing in them. But unless you truly understand what you are signing up for, you risk serious financial loss, jail time, or years of stress.
As a lawyer who has handled many bail matters, I have seen too many people volunteer as sureties with goodwill, with loyalty only to regret it later. I have seen people lose money, lose their homes, even be locked up, because they did not know their rights or the dangers involved.
If you are considering standing surety for anyone, before you sign any bail bond or recognizance you must read this article carefully.
I set out what bail and suretyship mean under Nigerian law, the difference between police bail and court bail, the risks if the accused absconds, the rights and remedies available to you if you are surety, mistakes to avoid, and practical steps to protect yourself before, during and after standing as surety.
What is Bail, What is a Surety, and How the Law Treats Them
At its core, bail in Nigeria is a legal mechanism that allows a suspect or accused person to be released from custody pending investigation or trial, on condition that they (or someone on their behalf) guarantee their appearance in court or before the police when required. Bail reflects the presumption of innocence and helps avoid unnecessary detention.
A surety is a person a friend, family member, or any adult acceptable to the court who agrees to guarantee the accused’s compliance with bail conditions. The surety pledges a sum of money, property, or recognizance (a bond) that becomes payable if the accused fails to honor the bail conditions.
The laws that govern bail in modern Nigeria include the Administration of Criminal Justice Act 2015 (ACJA 2015) and, in some states, the Administration of Criminal Justice Law of that particular state.
Under ACJA 2015, courts have discretion to grant bail, but certain protections apply. The Act and procedural law lay down the terms on which bail may be granted for example on self-recognizance, on bond, on surety, or by deposit in lieu of bond.
It is important to understand that bail granted by the police pending investigation (often called administrative bail or police bail) is different in legal effect from bail granted by a court after charge or arraignment.
Police Bail vs Court Bail Key Differences
One of the major mistakes new sureties make is failing to distinguish between police bail and court bail. The difference matters because the legal consequences differ and the risk for a surety may change accordingly.
Police Bail
When a person is arrested and taken to a police station, the officer in charge may grant bail pending investigation (when the offence is bailable under law), often upon entering into a recognizance with or without surety.
There is no exhaustive, uniform statutory procedure for police bail. It often depends on the discretion of the police officer in charge.
Once the suspect is charged and arraigned before court, the police bail lapses; a fresh application for bail must be made before the court, even if the suspect was earlier released on police bail.
For surety, the bond or recognizance signed at police stage may not carry over automatically. If the suspect fails to attend court, even if you were surety under police bail, you may still be at risk because the court may treat police-stage bail as lapsed upon arraignment.
Thus standing surety at police stage, without ensuring that a formal court bail has been procured, is especially risky.
Court Bail
When the suspect is charged and brought to court, the court may grant bail under ACJA 2015, if the offence is bailable and the court is satisfied.
The court may require: self-recognizance (no surety), bond, surety or deposit in lieu of bond.
If the accused fails to comply with bail conditions for example fails to appear in court the court may issue a bench warrant, revoke bail, and proceed to forfeit the bond. The surety then becomes liable.
The forfeit is not automatic. Before forfeiture of recognizance or bond, the court must produce the original recognizance, produce the evidences of breach, and give the surety a fair hearing so he or she may show cause why forfeiture should not be ordered.
If the accused obtains acquittal, or the charge is dismissed or struck out, the surety’s obligation ends. The bond is discharged and any deposit or security must be returned.
The Risks When the Accused Absconds or Breaches Bail Conditions
When you stand surety, you are essentially promising that the accused will obey all bail conditions and appear for every hearing. If he fails, you shoulder the consequences.
Here are the main risks:
1. Loss of Money or Property Forfeiture of Bail Bond
If the accused fails to show up, the bail bond can be forfeited. The court can issue an order requiring the sum specified in the bond to be paid into the court registry. If the surety had provided property, that property may be seized or sold to satisfy the forfeited sum.
2. Personal Liability, Arrest, Imprisonment
If the forfeiture order is not satisfied, many courts may at the next stage order arrest of the surety or issue a warrant for his committal, possibly up to six months’ imprisonment.
Despite this, the law requires that the surety be given a fair hearing before forfeiture or committal. It is wrongful for a court to commit a surety to prison without producing the bond or giving a hearing.
In practice, many sureties have been arrested even before hearing, or while the forfeiture proceedings were incomplete. As a result, legal counsel must always demand procedural fairness.
3. Reputation, Stress, and Social Consequences
Aside from financial and legal consequences, being surety can expose you to social pressure and reputational damage especially if the accused is alleged to have committed serious offences or is the subject of media attention. If the accused absconds, the surety may be viewed as complicit or irresponsible, and may face social condemnation.
4. Loss of Control and Unpredictable Legal Costs
Once you sign the bond, your fate becomes closely tied to that of the accused. If the matter drags on, or the accused flees, you spend time, money, and energy engaging lawyers, attending hearings, responding to summons often far beyond what you anticipated.
What Are the Rights of a Surety Under Nigerian Law
Though the burdens are heavy, the law also gives rights and protections to sureties. If you know them and assert them, you do not have to suffer unfairly.
Right to Be Heard Before Forfeiture
The courts have held that before a bail bond is forfeited, the bond must be produced and the surety must be given an opportunity to come to court, explain, call evidence, and show cause why the bond should not be forfeited.
It means you cannot be summarily jailed or have your property lost without due process.
Right to Be Discharged as Surety
If, during the pendency of the trial, you lose confidence in the accused perhaps because you suspect he may abscond you have the right to apply to court to be discharged as surety. Once the court grants discharge, your liability ends.
Return of Deposited Security on Conclusion of Trial
If the accused honours all bail conditions and the case ends by acquittal, conviction, withdrawal of charge, or other disposal you have the right to retrieve any security (money or property) you deposited.
Constitutional and Statutory Protections
Sureties remain entitled to constitutional rights such as personal liberty, freedom from arbitrary arrest or detention, and fair hearing. The courts must follow fair procedures before forfeiting the bond or committing a surety.
Also, there is no law in Nigeria preventing a woman from acting as surety. Gender is not a disqualification.
Common Mistakes That Cost Sureties Dearly
From my practice and experience I can say with regret: many people act as surety simply because of loyalty, love, sympathy without thinking beyond the immediate release. These are mistakes that often lead to disaster.
Mistake 1: Agreeing to Be Surety Without Understanding What You Sign
Often the accused or their family present the bail bond at the station or court in a way that seems simple. You are told “just sign and you will help secure release.” Many sign under pressure or emotional appeal, without checking the conditions, or without appreciating that the bond is payable on default.
That is the worst time to discover that suretyship is a heavy, binding guarantee.
Mistake 2: Standing Surety for Casual Acquaintances, “Friends of Friends,” or Strangers
Suretyship should not be treated as a favour or a casual gesture. You are trusting someone with your freedom and your property. Many sureties are people who only slightly know the accused. When they abscond, the surety is left alone.
Mistake 3: Assuming Police Bail Is Enough Until Trial Ends
Some sureties believe that once the suspect is out on police bail, their job is done. That is wrong. Once the suspect is charged and arraigned, police bail lapses you need a fresh court bail. If you do not assist with fresh bail, you remain exposed.
Mistake 4: Failing to Monitor the Accused After Bail
Once released, many accused persons go on leave, relocate, or travel, and sureties lose contact. If court dates are missed, or bail conditions breached, the surety is the first to feel it.
Mistake 5: Relying on Verbal Promises or Emotion Rather Than Written Understanding
Trust might be noble, but it is not a legal guarantee. You need documentation. Relying solely on oral assurances that “he will honor you” or “he will pay you back” is a recipe for trouble.
Mistake 6: Accepting Unclear or Overly High Bond Terms Without Evaluating Your Capacity
Sometimes courts demand unrealistic bonds or multiple sureties. People sign without assessing whether they can meet the bond if the accused jumps bail. This is especially risky.
Mistake 7: Assuming You Cannot Be a Female Surety
Some courts or police stations may hesitate to accept women as surety, but the law forbids gender discrimination. If you are an adult of sound mind, with means and address, you may act as surety. Ignoring this may reduce your options.
What You Must Do A Practical Guide Before Standing as Surety
If despite the risks, you still choose to help by standing surety, do not do so casually. Below are practical steps to protect yourself.
1. Demand Full Details Charges, Bail Conditions, Documents
Before signing, ask to see the charge sheet. Know exactly what offence the suspect is accused of. This helps you evaluate the risk.
Ask to see the bail terms bond amount, surety requirement, recognizance conditions, reporting obligations, travel restrictions, and the duration.
Make sure the bail bond is properly drafted, signed, and dated. Request a copy.
2. Confirm That the Bond Is for Court Bail (Not Just Police Bail)
If the accused is not yet arraigned, understand that police bail may not be enough. Ensure that court bail will be applied for, and be prepared to act as surety again if needed.
Do not assume one bond lasts from arrest to final judgment.
3. Assess Your Capacity Honestly
Standing surety means potentially paying a large sum or forfeiting property. Ask yourself: can I afford this sum if the accused disappears? Are my assets secure? Do I have a steady source of livelihood or property that can be traced and seized?
If the answer is no, do not volunteer.
4. Insist on Proper Documentation and Keep Your Records
Request a copy of the bond you sign. Keep all station or court papers. Copy the recognizance. Keep receipts. Keep phone or WhatsApp records if you communicate with the accused. Make notes of names, contacts, addresses, and their next of kin.
If things go wrong, these records may save you.
5. Make a Private Agreement with the Accused (Separate from the Bond)
If possible, make a private written agreement or understanding with the accused that if he or she defaults you are entitled to compensation. This agreement may not have legal effect in criminal court, but morally, and in civil court, it may help you recover losses.
6. Stay Engaged: Monitor the Accused’s Movements, Court Dates, Behavior
Do not hand over the bond and forget. Ask the accused to inform you of all court dates. Remind them. Keep in touch. Make sure they appear when required.
If you see signs of flight risk, warn the accused, or apply to court to be discharged as surety.
7. Be Ready to Protest Unlawful Forfeiture or Unfair Treatment
If the accused misses court through no fault of yours for example, illness, emergency, or the court changed date, or the police failed to give notice make sure you attend the forfeiture hearing and put up a defence.
Do not allow the bond to be forfeited or your property seized without hearing. Demand the original bond, demand notice, and demand opportunity to show cause.
What to Do If the Accused Absconds Remedies and Defences
If the worst happens the accused absconds the law still gives you a chance to defend yourself as surety, provided you act quickly and properly.
Demand the Original Bond and a Fair Hearing
Before any forfeiture, the court must produce the original recognizance or bond, and you must be given opportunity to answer allegations.
You may show cause that you are not responsible for the default e.g. you handed him to the police, you took all reasonable steps, you warned him, or you lost contact unfairly.
If the court affirms the forfeiture, you may appeal. The law allows appeal against forfeiture orders.
Apply to Be Discharged as Surety
If you believe the accused is likely to flee or misbehave, apply to court to be discharged as surety. Once discharged, your obligations end and the court will demand a new surety or other security from the accused.
If You Deposited Money or Property, Demand Return After Case Ends
If the accused completes trial or is acquitted, the security you provided must be returned upon application. Do not allow the court or any authority to hold it indefinitely.
Why Standing Surety Should Never Be Treated Lightly
Some see suretyship as a favour, a kindness, a show of loyalty. But legally, it is a contract a serious binding undertaking. It is a risk, not a charity.
In fact there is a growing commentary and caution from Nigerian media and legal practitioners warning people against standing as surety lightly. One article titled “Please don’t stand surety” argues that the prevalence of suspects jumping bail and the large burden on sureties make suretyship a very risky endeavour.
Suretyship should be assumed to carry potentially life-altering consequences: loss of money, property, personal liberty. It is a burden borne by the surety on behalf of the state and the judicial system.
If you volunteer, you do not just help a friend. You become a guarantor to the state. You assume their risks.
Be Wise, Be Informed, Be Cautious
Standing as surety for someone in Nigeria is an act of faith. It is also a serious legal responsibility.
If you choose to be surety, do not treat it as a favour or a matter of goodwill alone. Treat it like a binding legal commitment with heavy potential costs.
Before you agree, demand to see the charges, understand what offence is alleged, ask for full bail conditions, and get a copy of the bond. Make sure you can afford the potential forfeiture. Keep records. Stay engaged, monitor the accused’s conduct and court dates, and be ready to act quickly if things go wrong.
The law acknowledges your rights right to fair hearing before forfeiture, right to discharge, right to return of deposit, right to appeal. But those rights are not automatic. You must assert them.
If you do not fully trust the accused or cannot afford potential loss, politely but firmly decline. It is better to lose a friend than to lose your property, or worse, your freedom.
If you reflect carefully, you will find that being smart, cautious, and legally aware is the only responsible way to stand surety.