Former Vice President and presidential candidate of the African Democratic Congress, Atiku Abubakar
Former Vice President Atiku Abubakar has raised concerns over the continued detention of former Kaduna State Governor Nasir El-Rufai, warning that excessively stringent bail conditions could undermine constitutional safeguards and erode public confidence in the justice system.
Atiku, in a statement issued on Wednesday by his Senior Special Assistant on Public Communication, Phrank Shaibu, described the refusal of the Federal High Court to review El-Rufai’s bail conditions as troubling, arguing that conditions which are practically impossible to meet amount to a “constructive denial of bail.”
The former vice president maintained that while courts have the discretion to impose bail conditions, such powers must be exercised reasonably and in line 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.
He questioned the rationale behind bail requirements that allegedly compel a defendant to produce a serving Grade Level 17 federal civil servant who owns verifiable property in Abuja’s highbrow Maitama or Asokoro districts, alongside other stringent conditions.
“Nigerians are entitled to ask a simple question: is the objective to grant bail or to ensure that bail remains unattainable?” he asked.
The African Development Congress presidential candidate said the implications of such judicial decisions extend beyond El-Rufai, warning that they could set precedents capable of affecting the liberties of ordinary citizens.
“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.
The former vice president stressed that the judiciary remains the last line of defence against abuse of power and must ensure that its decisions inspire confidence in the fairness and accessibility of justice.
“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.
Atiku also expressed concern over what he described as a growing perception that opposition figures and government critics are increasingly being drawn into legal and administrative disputes.
“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 emphasising that he was not commenting on the substance of the allegations against El-Rufai, Atiku insisted that constitutional rights must remain paramount.
“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.
According to Atiku, when bail conditions become impossible to satisfy, detention effectively becomes punishment before trial.
“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.
He called on institutions involved in the administration of justice to uphold fairness, proportionality and respect for fundamental rights, warning that the judiciary must remain independent and insulated from political considerations.
“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.
The Punch
