Former Vice President Atiku Abubakar has expressed concern over the continued detention of former Kaduna State Governor Nasir El-Rufai, arguing that excessively tough bail conditions could weaken constitutional protections and diminish public trust in the justice system.
In a statement released on Wednesday through his Senior Special Assistant on Public Communication, Phrank Shaibu, Atiku criticized the Federal High Court’s decision not to reconsider El-Rufai’s bail terms.
He maintained that bail requirements that are nearly impossible to fulfil effectively amount to a denial of bail.
According to Atiku, although courts are empowered to set bail conditions, such discretion should be exercised fairly and in accordance with the principles of justice.
“The law is settled that an accused person remains innocent until proven guilty. Bail exists to preserve that constitutional protection.
It was never designed to become a sophisticated instrument for punishment before conviction,” Atiku said.
The former vice president questioned the justification for conditions that reportedly require El-Rufai to provide a serving Grade Level 17 federal civil servant who owns verifiable property in Abuja’s upscale Maitama or Asokoro districts, among other demands.
“Nigerians are entitled to ask a simple question: is the objective to grant bail or to ensure that bail remains unattainable?” he asked.
Atiku, the African Democratic Congress presidential candidate, warned that the implications of such decisions go beyond El-Rufai’s case and could have wider consequences for the rights of ordinary Nigerians.
“This is not merely about one individual. It is about the principles that underpin a democratic society governed by the rule of law. Today it is El-Rufai.
Tomorrow it could be any citizen whose liberty depends not on the law but on whether he can satisfy conditions that few Nigerians can ever meet,” he stated.
He stressed that the judiciary serves as a critical safeguard against abuse of power and should ensure that its actions reinforce public confidence in the justice system.
“At a time when public trust in institutions is under unprecedented strain, the judiciary must be careful not to create the impression that justice is available only in theory but unreachable in practice.
Bail conditions should secure attendance in court, not guarantee continued incarceration,” he added.
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Atiku also voiced concerns over what he described as an increasing perception that opposition politicians and critics of government are becoming entangled in legal and administrative proceedings.
“No democracy can thrive where citizens begin to suspect that legal processes are being used not merely to prosecute offences but to punish dissent.
The strength of a democracy is measured not by how it treats those in power but by how it treats those who challenge power,” he said.
While clarifying that he was not taking a position on the allegations against El-Rufai, Atiku insisted that constitutional rights must be protected at all times.
“The question of guilt or innocence is entirely for the courts to determine. What concerns every patriot is whether constitutional safeguards are being faithfully upheld.
The right to liberty, the presumption of innocence, and the right to fair hearing are not privileges to be dispensed at convenience. They are constitutional guarantees,” he stressed.
He further argued that when bail conditions cannot realistically be met, detention before trial effectively becomes a form of punishment.
“There is a name for a situation where a citizen is told he has been granted bail but is simultaneously subjected to conditions that make his release virtually impossible. It is called a constructive denial of bail,” he said.
Atiku urged all institutions involved in the justice system to uphold fairness, proportionality and respect for fundamental rights.
He also cautioned that the judiciary must remain independent and free from political influence.
“El-Rufai’s case has once again brought the debate over bail conditions, judicial discretion and the protection of civil liberties to the forefront, amid broader concerns about the balance between prosecution of alleged offences and the preservation of constitutional rights,” he said.