El-Rufai: Bail must not become punishment, says Atiku
Former Vice President Atiku Abubakar has expressed grave concern over the continued detention of former Kaduna State Governor, Mallam Nasir El-Rufai, following the refusal of the Federal High Court to review bail conditions that have proven practically impossible to satisfy. Atiku, in a statement issued by his Senior Special Assistant on Public Communication, Phrank Shaibu, […]
Nasir El-Rufai in court following his arraignment by the Department of State Services (DSS) in Abuja in April
Former Vice President Atiku Abubakar has expressed grave concern over the continued detention of former Kaduna State Governor, Mallam Nasir El-Rufai, following the refusal of the Federal High Court to review bail conditions that have proven practically impossible to satisfy.
Atiku, in a statement issued by his Senior Special Assistant on Public Communication, Phrank Shaibu, said the development raises troubling questions about the state of constitutional liberties, the administration of justice, and the growing tendency to weaponise legal processes against political opponents.
The former Vice President noted that while courts possess the discretionary authority to impose bail conditions, such discretion must be exercised judicially and judiciously. Conditions that are manifestly excessive, unreasonable, or impossible to fulfil defeat the very 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.”
“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?”
Atiku warned that the danger of such precedents extends far beyond the person of Nasir 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 whether he can satisfy conditions that few Nigerians can ever meet.”
He observed that the judiciary occupies a sacred place in every democracy because it is the last refuge of the citizen against the excesses of power.
For that reason, he said, judicial decisions must not only be legally sound but must also inspire public confidence in the fairness, impartiality, 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.”
The former Vice President said it is particularly concerning that, across the country, Nigerians are witnessing a pattern in which opposition figures and critics of government increasingly find themselves entangled in legal and administrative battles, creating a perception—whether intended or not—that the machinery of the state is being deployed selectively.
“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.”
Atiku stressed that his intervention should not be misconstrued as a comment on the substantive allegations before the court.
“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 warned that when bail becomes effectively impossible, detention becomes the punishment and trial becomes a mere 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. Courts must guard against such outcomes because they undermine the spirit of the Constitution.”
Atiku called on all institutions involved in the administration of justice to uphold the highest standards of fairness, proportionality, and respect for fundamental rights.