Atiku kicks as court refuses to ease El-Rufai’s bail conditions

Former Vice President Atiku Abubakar has raised concern over the continued detention of former Kaduna State Governor, Nasir El-Rufai, warning that bail conditions must not be turned into punishment before conviction.

Atiku said the refusal of the Federal High Court to review El-Rufai’s bail conditions, which he described as practically impossible to meet, raises serious questions about constitutional liberty, justice and the rule of law.

In a statement issued by his Senior Special Assistant on Public Communication, Phrank Shaibu, the former Vice President said bail was meant to protect the presumption of innocence, not serve as a hidden tool for continued detention.

El-Rufai has remained in custody following his arraignment by the Department of State Services.

Atiku said while courts have the power to impose bail conditions, such powers must be exercised fairly and reasonably.

According to him, bail conditions that are excessive, unreasonable or difficult to meet defeat the purpose of bail and amount to punishment before trial.

“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 faulted conditions requiring El-Rufai to produce a serving Grade Level 17 federal civil servant who must also own verifiable property in Maitama or Asokoro, Abuja.

Atiku said such requirements raise legitimate concerns about whether the court intended to grant bail or make it impossible for the defendant to leave custody.

“When a court insists on conditions that require a defendant to produce a serving Grade Level 17 federal civil servant who must also own verifiable property in Maitama or Asokoro and satisfy a maze of additional requirements, Nigerians are entitled to ask a simple question: is the objective to grant bail or to ensure that bail remains unattainable?” he asked.

The former Vice President warned that the issue goes beyond El-Rufai as an individual.

He said the danger lies in creating a precedent where a citizen’s freedom depends not only on the law but on conditions that only a few Nigerians can satisfy.

“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 said.

Atiku said the judiciary remains the last refuge of the citizen against abuse of power and must avoid decisions that weaken public confidence in justice.

He said bail conditions should be designed to ensure that an accused person appears in court, not to guarantee continued incarceration.

“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 said.

The former Vice President also expressed concern over what he described as a growing pattern in which opposition figures and critics of government become entangled in legal and administrative battles.

He warned that democracy is endangered when citizens begin to believe that legal processes are being used to punish dissent.

“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.

Atiku, however, said his intervention should not be seen as a comment on the allegations against El-Rufai.

He said the question of guilt or innocence is for the court to decide, but insisted that constitutional safeguards must be respected at every stage of the trial.

“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 said.

Atiku warned that when bail becomes impossible to meet, detention effectively becomes the punishment while trial becomes a formality.

“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.