Former Vice President and African Democratic Congress (ADC) presidential candidate Atiku Abubakar has condemned the Federal High Court’s refusal to review the bail conditions imposed on former Kaduna State Governor Nasir El-Rufai, describing them as practically impossible to satisfy and warning that the case reflects a dangerous tendency to weaponise legal processes against political opponents.
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In a statement issued through his Senior Special Assistant on Public Communication, Phrank Shaibu, Atiku said the situation raises troubling questions about constitutional liberties and the administration of justice in Nigeria.
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He argued that although courts have the power to set bail conditions, that discretion must be exercised judicially and judiciously. According to him, bail terms that are excessive, unreasonable or impossible to meet defeat the purpose of bail and amount to detention by 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,” Atiku said.
He questioned the rationale behind conditions requiring a defendant to produce a serving Grade Level 17 federal civil servant who must also own verifiable property in Maitama or Asokoro, alongside several other demands. He warned that the implications go beyond El-Rufai’s case alone.
“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 insisted that bail should secure a defendant’s appearance in court, not guarantee continued incarceration. He added that when a person is granted bail but subjected to conditions that make release virtually impossible, that amounts to a constructive denial of bail and undermines the spirit of the Constitution.
He stressed that the courts alone must determine guilt or innocence, but said Nigerians should be concerned about 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 said.
Atiku concluded that Nigeria’s democracy is strongest when justice is blind to politics, immune from pressure, and accessible to all, adding that anything less diminishes the nation.
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