Former Vice President Atiku Abubakar has expressed deep concern over the continued detention of former Kaduna State Governor, Mallam Nasir El-Rufai, arguing that bail conditions imposed by the Federal High Court have effectively made his release impossible and undermined fundamental constitutional rights.
In a statement issued on Wednesday through his Senior Special Assistant on Public Communication, Phrank Shaibu, Atiku warned that the administration of justice must never be turned into an instrument of punishment before a verdict is reached. He maintained that although courts possess discretionary powers to set bail conditions, such powers must be exercised fairly and reasonably to preserve the constitutional presumption of innocence.
According to the former vice president, bail was created to ensure that accused persons remain available for trial while enjoying their liberty pending the determination of their cases. He stressed that when conditions are excessive or practically unattainable, they defeat the essence of bail and amount to detention through legal procedures.
Atiku questioned the rationale behind conditions that reportedly require El-Rufai to provide a serving Grade Level 17 federal civil servant with verifiable property in Abuja’s upscale Maitama or Asokoro districts, alongside several additional requirements. He argued that such stringent conditions raise concerns over whether the intention is truly to grant bail or to ensure that it remains beyond reach.
He noted that the implications of such judicial precedents extend beyond the former governor, warning that any Nigerian could become vulnerable to similar circumstances if liberty becomes dependent on meeting conditions that very few citizens can satisfy.
“This issue goes beyond one individual,” Atiku said. “It touches on the very foundations of democracy and the rule of law. Today it is El-Rufai; tomorrow it could be any citizen whose freedom depends not on the law but on impossible conditions.”
The former vice president described the judiciary as the last line of defence against abuses of power and emphasized that court decisions should not only be legally sound but must also inspire public confidence in the fairness and accessibility of justice.
He warned that public trust in institutions is already under severe pressure and that the courts must avoid creating the impression that justice exists only in theory while remaining inaccessible in practice. According to him, bail conditions are intended to guarantee an accused person’s appearance in court and should not serve as a mechanism for prolonged incarceration.
Atiku further expressed concern over what he described as a growing pattern in which opposition figures and critics of the government become entangled in legal and administrative challenges, creating perceptions of selective application of state power.
He argued that no democratic system can flourish when citizens begin to suspect that legal procedures are being used not solely for the prosecution of offences but also as tools for silencing dissent and political opposition. He maintained that the true strength of democracy lies in how it treats those who disagree with or challenge those in authority.
Clarifying his position, Atiku stated that he was not commenting on the merits of the charges against El-Rufai or attempting to influence judicial proceedings. Rather, he said his concern centered on whether constitutional guarantees such as the right to liberty, the presumption of innocence, and the right to fair hearing are being adequately protected.
He warned that when obtaining bail becomes practically impossible, detention effectively becomes the punishment, while the trial itself risks becoming a mere formality. Such situations, he noted, amount to what legal experts describe as “constructive denial of bail,” a development he said courts must guard against in order to preserve the spirit and provisions of the Constitution.
Atiku therefore called on the judiciary and all institutions involved in the administration of justice to uphold the principles of fairness, proportionality, and respect for fundamental rights, insisting that the rule of law remains essential to the survival of democracy and the protection of citizens’ liberties.
