Former Vice President Atiku Abubakar has expressed concern over the continued detention of former Kaduna State Governor, Mallam Nasir El-Rufai, following the refusal of the Federal High Court to review his bail conditions.
Atiku, in a statement by 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 alleged growing tendency to weaponise legal processes against political opponents.
The former Kaduna State governor is standing trial for alleged unauthorized access to telephone conversation involving the National Security Adviser (NSA), Nuhu Ribadu. However, El-Rufai has pleaded not guilty.
The former Vice President argued that while the courts possess the discretionary power to impose bail conditions, such discretion must be exercised judicially and judiciously. He noted that conditions that “are manifestly excessive,” or impossible to meet defeat the very essence of bail.
According to him, “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, who is also the African Democratic Congress ( ADC) 2027 presidential candidate, warned that the danger of such precedents extends far beyond tEl-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.
“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 stated.
The ADC leader lamented 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, while stressing that his intervention should not be misconstrued as a comment on the substantive allegations before the court, warned “that when bail becomes effectively impossible, detention becomes the punishment and trial becomes a mere formality.”
He added “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.
“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.
“The judiciary is one of the last pillars standing between democracy and authoritarianism. It must never allow itself to become an instrument—whether deliberately or inadvertently—through which constitutional rights are weakened and personal liberties diminished.
“Nigeria’s democracy is strongest when justice is blind to politics, immune from pressure, and accessible to all. Anything less diminishes us as a nation,” he stated.
