Conditions Imposed On El-Rufai Amounts To Constructive Denial Of Bail - Atiku

 Atiku Abubakar, presidential candidate of the African Democratic Congress (ADC), has criticised the continued detention of Nasir el-Rufai, former governor of Kaduna state.

In May, the federal high court in Abuja granted bail to el-Rufai in the case pertaining to alleged access to a telephone conversation involving Nuhu Ribadu, national security adviser (NSA).

Joyce Abdulmalik, the presiding judge, granted el-Rufai bail in the sum of N100 million with one surety in like sum.

The judge ruled that the surety must reside in either Maitama or Asokoro districts of Abuja and must deposit the original certificate of occupancy (C of O) of a landed property with the court registry.

‘TODAY IT IS EL-RUFAI, TOMORROW IT COULD BE ANY CITIZEN’

In a statement issued on Tuesday by Phrank Shaibu, his senior special assistant on public communication, Atiku said the bail conditions imposed on the former governor amount to a “constructive denial of bail”.

He added that the federal high court’s refusal to review the conditions raises concerns about constitutional rights and the administration of justice.

The former vice-president said while courts have the authority to impose bail conditions, such powers must be exercised judiciously.

He said conditions that are excessive, unreasonable, or impossible to fulfil undermine the purpose of bail and effectively translate into detention.

“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.

“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 said the implications of the development extend beyond el-Rufai’s case.

“This is not merely about one individual. It is about the principles that underpin a democratic society governed by the rule of law,” he said.

“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 said.

The former vice-president said the judiciary occupies a critical position in safeguarding citizens from abuse of power.

He added that judicial decisions must inspire 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,” he said.

“Bail conditions should secure attendance in court, not guarantee continued incarceration.”

Atiku said there is a growing perception that opposition figures and government critics are increasingly being drawn into legal and administrative battles.

He said such developments fuel concerns that state institutions are 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,” he said.

“The strength of a democracy is measured not by how it treats those in power but by how it treats those who challenge power.”

The former vice-president said his intervention should not be interpreted as a comment on the substantive allegations before the court.

He said questions of guilt or innocence remain the exclusive responsibility of the judiciary.

“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,” he said.

“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.”

‘COURTS MUST GUARD AGAINST SUCH OUTCOMES’

Atiku warned that when bail conditions become impossible to satisfy, detention effectively becomes the punishment before trial.

“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

“Courts must guard against such outcomes because they undermine the spirit of the Constitution.”

He called on institutions involved in the administration of justice to uphold fairness, proportionality, and respect for fundamental rights.

“The judiciary is one of the last pillars standing between democracy and authoritarianism,” he said.

“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.”

El-Rufai has been in the custody of the ICPC since February 19 over alleged financial impropriety during his tenure as governor of Kaduna between 2015 and 2023.

On April 13, the ICPC arraigned the former governor at the Kaduna high court on an amended nine-count charge bordering on alleged fraud and abuse of office.

Sanusi Lamido Sanusi, the Emir of Kano, recently said el-Rufai is facing stringent bail conditions before being released from the custody of the ICPC.

https://www.thecable.ng/atiku-conditions-imposed-on-el-rufai-amount-to-constructive-denial-of-bail/