Former Vice President Atiku Abubakar has expressed concern over the continued detention of former Kaduna State Governor Nasir El-Rufai following the refusal of the Federal High Court to review what he described as stringent bail conditions.
In a statement issued by his Senior Special Assistant on Public Communication, Phrank Shaibu, Atiku said the development raises concerns about constitutional liberties, the administration of justice, and the protection of fundamental rights.
He argued that although courts have the discretion to impose bail conditions, such powers must be exercised judiciously and reasonably.
According to him, bail conditions that are excessive or practically impossible to meet defeat the constitutional purpose of bail and amount to detention through procedural means.
“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,” he said.
Atiku questioned the practicality of conditions requiring a defendant to produce a serving Grade Level 17 federal civil servant who owns verifiable property in Maitama or Asokoro, among other requirements.
“When a court insists on conditions that few Nigerians can realistically satisfy, citizens are entitled to ask whether the objective is to grant bail or make it unattainable,” he stated.
The former vice president warned that the implications of such judicial precedents extend beyond the case involving El-Rufai.
“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 conditions that are impossible to fulfil,” he said.
Atiku maintained that the judiciary remains the last refuge of citizens against the excesses of power and must continue to inspire public confidence through fairness, impartiality, and accessibility.
“At a time when public trust in institutions is under strain, the judiciary must avoid creating the impression that justice is available only in theory but unattainable in practice. Bail conditions should secure attendance in court, not guarantee continued incarceration,” he said.
He also expressed concern over what he described as a growing perception that opposition figures and government critics are increasingly becoming subjects of legal and administrative actions.
“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 added.
Atiku, however, stressed that his comments were not intended to prejudice the substantive case before the court.
“The question of guilt or innocence remains 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 a fair hearing are constitutional guarantees,” he said.
He warned that where bail conditions become virtually impossible to satisfy, detention effectively becomes the punishment before trial.
“There is a name for a situation where a citizen is granted bail but subjected to conditions that make release virtually impossible. It is called a constructive denial of bail. Courts must guard against such outcomes because they undermine the spirit of the Constitution,” he said.
Atiku called on all institutions involved in the administration of justice to uphold the principles of fairness, proportionality, and respect for fundamental rights.
He added that Nigeria’s democracy would remain strongest when justice is administered without political influence, external pressure, or discrimination.
