By Opeyemi Adelakun
Former Vice President and African Democratic Congress (ADC) presidential candidate, Atiku Abubakar, has criticised the bail conditions imposed on former Kaduna State governor, Nasir El-Rufai, warning that excessively stringent requirements could undermine justice and constitutional safeguards.
In a statement issued on Wednesday through his media aide, Phrank Shaibu, Atiku expressed concern over El-Rufai’s continued detention, arguing that bail conditions that are nearly impossible to fulfil amount to a denial of freedom.
“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 former vice president questioned the rationale behind conditions that allegedly require a defendant to produce a serving Grade Level 17 federal civil servant with verifiable property in Abuja’s Maitama or Asokoro districts.
“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 implications of such decisions extend beyond El-Rufai, stressing that the rights and liberties of ordinary citizens could also be affected.
“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 urged the judiciary to remain a strong defender of justice and ensure its decisions inspire public confidence.
“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,” Atiku added.
The former vice president also cautioned against any perception that legal processes are being used to target opposition figures or critics of government.
“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 insisting that the courts alone have the authority to determine guilt or innocence, Atiku stressed that constitutional rights must remain protected throughout the judicial process.
“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.
He called on all institutions involved in the administration of justice to uphold fairness, proportionality and respect for fundamental rights, insisting that the judiciary must remain independent and free from political influence.
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