MILLIONS of Naira are imposed on defendants in Nigeria by the law courts as part of bail conditions. However, people are always confused about where the bail money goes. In this explainer The ICIR EXPLAINER seeks to find out where this money ends up.
Recent court judgments granting bail in millions
On January 13, 2025, the Oyo State High Court, sitting in Ibadan, granted bail to ex-Queen Naomi Sikekunola, the owner of the Ibadan-based broadcasting station, Oriyomi Hamzat, and the principal of Islamic High School, Basorun, Abdulahib Fasasi, for their alleged involvement in the Ibadan stampede that resulted in the deaths of 35 children in December 2024.
The judge, K. B. Olawoyin, in his ruling on the bail application on Monday, January 13, admitted the suspects to bail with a bond of ₦10 million each and two sureties in like sums.
Similarly, on December 13, the Federal High Court in Abuja granted ₦500 million in bail to the immediate past Governor of Kogi State, Yahaya Bello.
The judge, Emeka Nwite, who presided over the court session, ordered that Bello must provide two sureties in like sum. He ruled that to secure his bail, Bello’s two sureties must provide proof of financial capability and own properties in Abuja. He added that the court would verify the properties’ title documents.
On Monday, December 9, human rights lawyer Dele Farotimi was also granted ₦50 million bail by an Ekiti State High Court.
According to a post by the African Action Congress (AAC) 2023 presidential candidate, Omoyele Sowore, on his X handle, Farotimi was granted bail of ₦50 million surety in the like sum with someone with landed property.
Similarly, the Federal High Court (FHC), sitting in Abuja on Friday, November 1, granted bail in the sum of₦10 million each to minor #EndBadGovernance protesters who were arraigned for participating in the August 2024 protest.
Where does the bail money go?
Nigeria’s justice system is often criticised for its inefficiencies, and the bail system is no exception. But what happens to the billions of naira paid in bail every year? The ICIR spoke to various lawyers.
According to Ridwan Oke, a human rights lawyer, “Bail money goes to the court.”
According to him, if a person is released to a surety, the surety is only telling the court that when the suspect jumps bail, he is willing to pay the amount stated by the court.
“The amount is not due for payment until and unless the person jumps bail. When that happens, the money is paid to the registry of the court.”
This same line was towed by Moshood Ibrahim, a lawyer. According to him, the bail money is usually paid to the account of the court for safekeeping, as the money will later be returned after the whole case if the person didn’t jump bail.
However, in most cases, the money is not paid at all by litigants as it’s not a penalty but just a bond against the defendant so that he will not run away.
“So, when he runs away (jumps bail), the surety will be held accountable to look for him or pay the bail bond before the surety can be discharged,” he stated.
In his view, a lawyer, Victor Opatola, said when a defendant is mandated to bring a surety, and such surety makes a bail bond of, for example, ₦4 million, the ₦4 million is not paid in cash or transfer.
“The amount is what will be forfeited to the government if such surety fails to produce the defendant in court at any given time unless the surety later recuses himself or herself from the role of a surety,” he explained.
For a Kano-based lawyer, Hassan Idris, the bail money is a bond in case the accused person runs. “If the person runs, then you have to forfeit that money to the government.
“So, as a condition for his bail, the court will say, drop this amount as a condition for the bail,” he added.
Difference between bail and fine
According to lawyers, the primary distinction between bail and fine lies in their purpose.
A fine is a monetary punishment imposed by the court for an offence or conviction, whereas bail is a system designed to ensure a defendant appears in court to defend their case.
Ibrahim explained that when a fine is imposed by a court, the money is paid into the federal or state government account, depending on the court.
For instance, if it’s a state court, the money is paid into an account of the state Internal Revenue Service. If it’s a federal court, the money is paid into the federal government account.
“The money is therefore owned by the government, and they decide how to utilise it,” Ibrahim stated. He emphasised that a fine, as a monetary punishment, must be paid when pronounced, unless the judgment or ruling is appealed against.
“In a criminal matter, for example, if you fail to pay the fine imposed by the court, you will remain in prison until it is paid or set aside by a superior court,” Ibrahim explained.
Victor Opatola corroborated this view, stating that when a court imposes a fine on an individual, the money is paid into a designated court bank account. This account is later declared as revenue to the Federal Government if it is Federal High Court, Court of Appeal, or Supreme Court.
“For the State High Court, Customary Court, Magistrate Court, and area court, the money goes into a designated court account, which is later declared as revenue to the State Government,” Opatola clarified.
Idowu Olukade, another lawyer, noted that when someone pays a fine, the money goes into the government coffers and contributes to part of the revenue generated by the judiciary.
A reporter with the ICIR
A Journalist with a niche for quality and a promoter of good governance