Former Vice President Atiku Abubakar has voiced concern over the prolonged detention of former Kaduna State Governor Nasir El-Rufai, saying the conditions attached to his bail may be too difficult to meet and could undermine confidence in the judicial process.
In a statement issued on Wednesday through his media aide, Phrank Shaibu, Atiku argued that bail conditions should not be so restrictive that they effectively keep an accused person behind bars despite being granted bail.
He maintained that the justice system must uphold the principle that every accused person remains innocent until proven guilty and warned against turning bail into a form of 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.
The ADC presidential candidate questioned reports that El-Rufai was required to provide a serving Grade Level 17 federal civil servant with property in Abuja’s Maitama or Asokoro districts as part of his bail terms.
“Nigerians are entitled to ask a simple question: is the objective to grant bail or to ensure that bail remains unattainable?” he asked.
Atiku warned that the issue goes beyond El-Rufai, noting that judicial decisions of this nature could have broader consequences for citizens seeking protection of their constitutional rights.
“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 must remain a trusted institution capable of protecting citizens from abuse of power while ensuring justice is fair and accessible.
“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 about what he described as a growing perception that opposition figures and critics of government are increasingly facing legal challenges.
“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 distancing himself from the merits of the allegations against El-Rufai, Atiku insisted that constitutional rights should not be compromised.
“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 bail loses its meaning when the requirements attached to it make release virtually impossible.
“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 called on institutions responsible for the administration of justice to uphold fairness and protect fundamental rights, adding that El-Rufai’s case has renewed debate over judicial discretion, civil liberties and the balance between prosecution and constitutional safeguards.
