This statement touches on a couple of interesting legal and ethical points, particularly in the context of Nigeria. Let’s break it down:
“Bail is free”: In principle, bail itself, as an order by a court for the temporary release of an accused person pending trial, is not a fee or a payment for freedom. The money or property often involved in bail (known as bail bond or surety) is a guarantee that the accused will appear in court when required. If they appear, the money/property is returned (or the liability of the surety is discharged).
The idea is that the court is not selling freedom.
“where there is no giver there is no receiver”: This part of the quote strongly suggests a stance against the practice of demanding or offering bribes or illicit payments for bail. Unfortunately, in many jurisdictions, including Nigeria, there have been historical and ongoing issues with corruption in the bail process, where court officials, police officers, or even lawyers might solicit money beyond official fees (if any) or what is legally required for bail.
Timfon John’s statement, therefore, seems to be a strong advocacy against corruption in the bail system. It implies that if individuals (the “giver”) refuse to offer illicit payments, then there will be no one (the “receiver”) to accept them, thereby upholding the principle that bail should be administered fairly and without corrupt inducements.
In Nigeria, specifically, there have been numerous campaigns and policy statements by the judiciary and law enforcement agencies emphasizing that bail, particularly police bail for minor offenses, is free, and that individuals should not pay for it. The quote resonates deeply with these efforts to combat corruption and ensure access to justice.
