A disturbing trend is gaining ground in Lagos and other parts of Nigeria where individuals who stood as surety for suspects at police stations are being charged to court for failure to produce the suspect, with many ending up in Kirikiri and other correctional centres.
http://P.M.EXPRESS investigation revealed that the latest victim is Olamilekan Olatunji, who was arraigned before Magistrate Mrs. O. Kusanu in Lagos for allegedly failing to produce a suspect for whom he stood as surety in the sum of thirteen million naira.
The case is not isolated. Across Lagos, dozens of people who stood surety out of sympathy, friendship or for a fee are languishing in custody after the main suspects jumped bail.
*What The Police Do*
When a suspect is granted administrative bail at a police station, the police usually require a surety to execute a bail bond. The surety undertakes to produce the suspect whenever required until the case is concluded or charged to court.
When the suspect disappears, police arrest the surety and charge him under Section 132 of the Administration of Criminal Justice Law, ACJL, of Lagos State 2015, or Section 118 of the Criminal Law for perjury, or Section 96 for conspiracy to pervert justice.
Section 132 ACJL provides: Where a suspect on bail fails to appear, the court may issue a warrant and order forfeiture of recognizance and may commit the surety.
But legal experts say police are misapplying the law.
*What The Law Actually Says*
Speaking with http://P.M.EXPRESS, a Lagos-based human rights lawyer, Barrister Emeka Uba, explained that failure to produce a suspect is ordinarily a civil liability, not a criminal offence, except where there is proven intent to obstruct justice.
“The bail bond executed at the police station is a recognizance. Under Section 131 and 132 ACJL, the proper procedure is for the police or court to apply for forfeiture of the bond, not to criminally charge the surety for the offence of the main suspect,” he said.
He cited Section 131(2) ACJL: Where a recognizance is forfeited, the court may issue a summons to the surety to show cause why he should not pay the sum.
According to him, the surety’s obligation is to pay the bail sum or show reasonable cause why the suspect absconded, not to go to prison in place of the suspect.
Another Senior Advocate of Nigeria, who did not want his name in print, said: “You cannot transfer criminal liability. The surety did not commit the original offence. Charging him for conspiracy or perjury without proving he connived with the suspect to escape is abuse of process. Many magistrates have discharged such cases.”
He referred to decided cases – _Adeyemi vs Commissioner of Police (2021)_ and _FRN vs. Ojo (2019)_ – where courts held that failure to produce a suspect amounts to breach of recognizance and remedy is forfeiture, not imprisonment for the substantive offence.
*Why Many Are In Prison*
Findings show that many sureties are ignorant of the implication. Some collect N10,000 to N50,000 to stand surety without knowing the suspect.
When charged under Section 132, magistrates often remand them in correctional custody pending perfection of bail conditions which may also be N1 million to N13 million, which they cannot meet. So they remain in Kirikiri.
*The Solution Under Nigeria Law*
Lawyers have suggested solutions:
1. Know the person: Do not stand surety for a stranger or for money. Verify his house, workplace and family.
2. Use court bail, not police bail: Court bail is regulated by a judge. Police bail bond is often abused.
3. Apply for discharge: Under Section 134 ACJL, a surety can at any time apply to the court to be discharged from recognizance if he has reason to believe suspect will jump bail.
4. Show reasonable cause: If suspect absconds, surety should quickly report to police and present evidence – death certificate, relocation proof, hospital record – to avoid forfeiture.
5. Forfeiture, not imprisonment: Magistrates should order forfeiture of N500,000 bail sum and allow payment by instalment, not remand surety as if he committed armed robbery.
6. Police reform: The Lagos State Police Command and Ministry of Justice should sensitise DPOs that bail is free and surety failure is not automatic criminal charge.
The Lagos State Government is urged to review the practice to decongest correctional centres. As at October 2026, over 65 per cent of inmates in Kirikiri Medium are awaiting trial, many of them sureties.
Human rights groups say charging sureties criminally for failure to produce suspects violates Section 36(5) of 1999 Constitution which presumes innocence and Section 35 on personal liberty.