El-Rufai: Atiku warns against using courts to punish opposition

Former Vice President Atiku Abubakar has strongly condemned the Federal High Court's bail conditions set for former Kaduna State Governor Mallam Nasir El-Rufai, describing them as practically impossible to meet. Abubakar's Senior Special Assistant on Public Communication, Phrank Shaibu, stated in Abuja that these conditions represent a dangerous pattern of using legal processes to target political opponents.

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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.

Abubakar argued that while courts have discretion in setting bail, these conditions are manifestly excessive and unreasonable, effectively amounting to detention through procedural means. He emphasized that bail is intended to preserve the presumption of innocence until proven guilty, not to serve as an instrument of punishment before conviction. The former vice president questioned the rationale behind requiring a serving Grade Level 17 federal civil servant with verifiable property in specific high-value districts, alongside numerous other stringent requirements.

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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.

Warning that this case could set a precedent, Abubakar stated, "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 expressed deep concern over an emerging trend where opposition figures and government critics frequently face legal and administrative battles. Abubakar urged the judiciary to resist any perception that justice is merely theoretical and practically unattainable, especially at a time when public trust in institutions is already strained. He concluded that bail conditions should ensure court attendance, not continued incarceration, and that making release virtually impossible constitutes a constructive denial of bail, undermining the spirit of the Constitution.

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