A Federal Capital Territory High Court has rejected a bail application by former Attorney-General of the Federation and Minister of Justice, Abubakar Malami, ruling that his continued detention by the Economic and Financial Crimes Commission (EFCC) is lawful and supported by a valid court order.
Malami had approached the court through his counsel, Suliaman Hassan, SAN, arguing that his detention during an ongoing investigation was illegal and unconstitutional while urging the court to order his release pending the conclusion of the EFCC probe.
Counsel to the EFCC, Chief J.S. Okutepa, SAN, opposed the request, insisting that the former minister was being held under a subsisting remand order issued by a court of competent jurisdiction.
“The commission operates strictly within the law and would not hold any suspect beyond the period allowed without express judicial authorisation,” Okutepa stated.
In his judgment on Thursday, the delivering judge, Banbangida Hassan, cited Section 35 of the 1999 Constitution and relevant provisions of the Administration of Criminal Justice Act, holding that the remand order legally authorised Malami’s custody.
“Asking this court to grant this application is tantamount to inviting the court to sit as an appellate court over an application made by a court of coordinate jurisdiction, which this court has no power to do,” he added,
The decision keeps Malami in EFCC custody as investigations continue, representing a legal setback in his bid to regain freedom.
The former AGF, who has been in detention for weeks now, was accused of multiple offences including abuse of office, criminal diversion of public funds, money laundering, economic sabotage and criminal conspiracy, among other alleged offences committed during his eight years tenure in office under the administration of former President, late Muhammadu Buhari.
