Atiku Criticizes El-Rufai's Ongoing Custody, Bail Decision Expected July 1

On Wednesday, former Vice President Atiku Abubakar voiced strong disapproval regarding the ongoing custody of ex-Kaduna State Governor, Nasir El-Rufai. Abubakar cautioned that overly demanding bail requirements risk compromising fundamental constitutional protections and diminishing public trust in Nigeria's judicial framework. His remarks coincide with the Federal High Court in Kaduna scheduling July 1, 2026, to deliver its verdict on the former governor's requests for bail.

The court session was postponed to July 1 for a decision on the bail requests submitted by both El-Rufai and his co-accused, Jimi Lawal. They are implicated in an alleged corruption suit brought forward by the Independent Corrupt Practices and Other Related Offences Commission (ICPC). El-Rufai made appearances in two distinct courts in Kaduna on Wednesday, where he is confronting accusations of official misconduct, financial irregularities, and money laundering.

Before Justice Hauwa’u Buhari at the Federal High Court, the immediate past governor, along with Lawal, who served as a Special Adviser during the El-Rufai government, and multiple corporate entities, faced an amended 11-count indictment. El-Rufai entered a plea of not guilty to the first charge, while Lawal denied charges six, seven, and eight. Singularity Network Security Limited, a corporate defendant, was arraigned on counts two, three, four, five, nine, ten, and eleven. In total, El-Rufai, Lawal, and five corporate entities are currently undergoing trial as defendants.

Following deliberations on the bail applications presented by both the prosecution and defence teams, Justice Buhari slated July 1 for her ruling. Earlier that day, El-Rufai had arrived at the court complex around 9:30 a.m., surrounded by heavy security.

Additionally, the former governor presented himself at the Kaduna State High Court for further proceedings in a separate ICPC matter overseen by Justice Darius Khobo. This case involves accusations of abuse of office and money laundering purportedly committed during El-Rufai's gubernatorial term from 2015 to 2023. Justice Khobo has since adjourned this particular hearing to June 29. The Federal High Court proceedings had previously been postponed to June 24 due to the non-appearance of two co-defendants at an earlier session.

El-Rufai has steadfastly refuted all accusations, asserting that every action undertaken during his time in office was legal and served the public's best interests. Conversely, the ICPC claims its investigations unearthed anomalies in the management of government finances and contract awards, leading to the supposed misappropriation and misapplication of public funds.

It was previously reported by The PUNCH that on April 14, 2026, Justice Rilwan Aikawa had approved bail for El-Rufai, setting the sum at N200 million. This required two sureties: one a current or retired civil servant of Grade Level 15, and the other a recognized traditional leader. The ex-governor subsequently sought a modification of these bail terms, but the court rejected his request.

In response, Atiku, through a statement released by his Senior Special Assistant on Public Communication, Phrank Shaibu, characterized the court's decision not to reconsider El-Rufai’s bail conditions as deeply concerning. He contended that requirements that are virtually impossible to fulfill effectively constitute a "constructive denial of bail."

Abubakar stated, "The legal principle is clear: an accused individual is presumed innocent until guilt is established. Bail serves to uphold this constitutional safeguard. Its purpose was never to function as an elaborate tool for pre-conviction punishment."

The former Vice President questioned the reasoning behind bail stipulations that purportedly demand a defendant to present a serving federal civil servant of Grade Level 17, possessing verifiable property in Abuja's upscale Maitama or Asokoro areas, in addition to other strict criteria.

He posed a direct question: "Nigerians have every right to ask: is the intention truly to grant bail, or is it to guarantee that securing bail remains out of reach?"

Atiku cautioned that the repercussions of such judicial rulings go beyond just El-Rufai's situation, suggesting they could establish precedents that might impact the freedoms of everyday Nigerians. "This matter transcends a single person," he emphasized. "It concerns the fundamental principles that uphold a democratic society operating under the rule of law. Today, it involves El-Rufai. Tomorrow, it could be any citizen whose freedom hinges not on legal statutes but on their ability to meet conditions that very few Nigerians could ever fulfill."

Abubakar underscored the judiciary's role as the ultimate safeguard against the abuse of authority, insisting that its judgments must foster trust in the impartiality and availability of justice. "In an era where public confidence in institutions faces immense pressure," he noted, "the judiciary must be vigilant not to convey the impression that justice is merely a theoretical concept, practically inaccessible." He further added, "The purpose of bail conditions should be to ensure court attendance, not to guarantee ongoing imprisonment."

The former Vice President also articulated apprehension over what he termed a rising belief that opposition figures and government detractors are increasingly entangled in legal and administrative controversies. "No democratic system can flourish if citizens start to suspect that legal procedures are being deployed not simply to prosecute crimes, but to suppress opposition," he asserted. He concluded, "The true resilience of a democracy is judged not by its treatment of those in authority, but by its treatment of those who question that authority."

While stressing that his comments did not address the specifics of the allegations leveled against El-Rufai, Atiku maintained that constitutional rights must always take precedence. "Determining guilt or innocence rests solely with the courts," he affirmed. "What concerns every patriotic citizen is whether constitutional protections are being rigorously observed. The right to freedom, the presumption of innocence, and the right to a fair hearing are not conveniences to be granted at will. They are constitutional guarantees."

According to Atiku, if bail conditions become impossible to fulfill, then detention effectively transforms into punishment even before a trial takes place. He elaborated, "There is a term for when a citizen is supposedly granted bail but simultaneously faces conditions that render their release nearly unattainable. This is known as a constructive denial of bail." He then urged all bodies involved in justice administration to uphold principles of fairness, proportionality, and respect for fundamental human rights.