Former Vice President and presidential candidate of the African Democratic Congress (ADC), Atiku Abubakar, has criticized the Federal High Court’s decision to uphold the bail conditions imposed on former Kaduna State Governor, Nasir El-Rufai, warning that the judiciary must not be used as a tool to punish political opponents.
In a statement issued by his Senior Special Assistant on Public Communication, Phrank Shaibu, Atiku described the bail terms as excessively stringent and nearly impossible to meet, arguing that they undermine fundamental constitutional rights.
According to Atiku, although courts have the authority to set bail conditions, such powers must be exercised fairly and reasonably. He maintained that conditions that are excessive, unrealistic, or impossible to satisfy effectively amount to detention without conviction.
“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,” he said.
Atiku specifically questioned the requirement for El-Rufai to produce a serving Grade Level 17 federal civil servant who owns verifiable property in either Maitama or Asokoro, alongside other conditions, describing the demands as impractical.
He warned that the issue goes beyond El-Rufai’s case and touches on the broader principles of democracy and the rule of law.
“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,” Atiku stated.
He stressed that bail conditions should only serve to ensure a defendant’s appearance in court and not function as a mechanism for prolonged detention.
Atiku further argued that granting bail while imposing conditions that make release virtually impossible amounts to a constructive denial of bail and weakens constitutional safeguards.
“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.
“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 added.
