Amid Nigerians’ outcry over the Economic and Financial Crimes Commission (EFCC), continued detention of the former Attorney-General and Minister of Justice, Abubakar Malami, new evidence has emerged on the reasons the anti-graft agency held him without due consideration for his status in the country, with evidence pointing to alleged gross misconduct while in office and the legal expert’s non-adherence to guidelines surrounding law enforcement agencies’ granting administrative bail to suspects under investigation in the country.
Malami, who has been under the EFCC detention for over 48 hours without access to family members and aides who often accompanied the Senior Advocate of Nigeria (SAN), daily, was alleged to have jumped the administrative bail which the anti-graft agency granted him over different allegations, including financing terrorism through 46 bank accounts that were linked to him while serving under the late President Muhammadu Buhari’s administration and after leaving office over two years ago.
The former AGF, who was granted administrative bail on self-recognition, was said to have failed to comply with the conditions surrounding the bail, including reporting to the EFCC headquarters in the Federal Capital Territory daily, as the probe into allegations hanging over his neck continued.
A source at the EFCC on Wednesday told The Guild Correspondent that the former AGF, meanwhile, reneged on promises made to the agency after leaving the EFCC detention earlier, refusing to show up at the EFCC’s headquarters in the FCT Abuja, and any of its offices across the country for over three days.
The senior official added that efforts by the agency to reach the legal expert to comply with the details in his bail documents proved abortive, saying this action to us and any law enforcement agency in the country indicates a violation of the law.
After the EFCC officials contacted him, Malami was invited for questioning, but rather than arrive in the morning as stipulated in his bail conditions, the Kebbi-born lawyer arrived late in the evening, resulting in his eventual detention by the investigators to fast-track their probe.
During the period when the former AGF allegedly jumped bail, particularly in November, Malami, who had declared his intention to contest the 2027 governorship election in Kebbi state, spoke about his ambition and engaged in political activities, an action that contravened the conditions under which the bail was granted.
Another EFCC senior staff member, who spoke to our correspondent on anonymity, alleged that Malami released a statement to both newsmen and Nigerians on reasons for his arrest by the anti-graft agency, saying this is another evidence of violating the bail that was accorded him.
The female official stressed that while under bail, the ex-AGF was barred from speaking on political issues and revealing reasons for his arrest to the public, “but these were contravened by the legal expert”.
Recalled that Malami, after leaving the EFCC headquarters, claimed that he was invited by the anti-graft agency for questioning on former head of state, Sanni Abacha’s loot, which had nothing attached to him, and that the Buhari administration initiated the process in 2016.
“The EFCC informed me that its inquiry relates to an alleged duplication in the recovery of the $310 million Abacha loot, which by accrual of interest rose to about $322.5 million as at the time I eventually succeeded in recovering the funds for the federal Government and, flowing from that assumption, two allegations were majorly raised, namely; abuse of office, and Money laundering”.
As gathered, the details of his bail further indicated that Malami should not leave the FCT until his arraignment before the court over the allegations.
A few days after the EFCC granted him bail, a staff member of the anti-graft agency deployed to the north narrated to our correspondent that Malami violated the grace given to him, leaving the FCT for Katsina State.
He added that rather than keep it secret, the former AGF attended a public function and told the public that the EFCC allegations against him were all false.
According to him, no agency will allow this to go on without any action to especially when it concerns a legal expert who understands the implications of his actions before the law.
Understanding that the lawyer could frustrate their investigations, the EFCC, according to a staff member at the headquarters, has obtained a court injunction that allowed the anti-graft agency to hold beyond the stipulated time by the constitution.
The senior staff member disclosed that the injunction was obtained in Malami’s absence to prevent EFCC from contravening the law.
He added that a further injunction may be presented before the court if the former AGF refuse to provide the EFCC the needed information on the allegations of terrorism financing and other allegations levelled against him.
In a statement on his official social media handle, he debunked all the allegations that may have been linked to him before, during and after leaving office in 2023.
“My attention has been drawn to a recent publication in which my name was mentioned in connection with allegations of terrorism financing and so-called “links” to persons described as terror suspects or alleged financiers.
“I consider it necessary, in the interest of truth, justice and public record, to make the following clarifications.
“First, I state clearly and unequivocally that I have never at any time been accused, invited, interrogated, investigated or charged by any security, law-enforcement, regulatory or intelligence agency—within or outside Nigeria—in respect of terrorism financing or any related offence.
“Secondly, even the retired military officer cited as the principal source in the said publication categorically admitted that he was not accusing me, or other named individuals, of financing terrorism.
” His own account, as reported, was limited to a vague assertion that certain suspects allegedly had some form of “business” or “institutional” relationship with various persons.
” That important clarification was, unfortunately, overshadowed by a headline and framing capable of misleading well-meaning members of the public into drawing inaccurate and damaging conclusions, which was unfortunately politically manipulated by my political opponents to create mischievous insinuations implying my involvement in terrorism financing.
“Terrorism financing is a grave crime with devastating consequences for national security and human life. Any attempt—whether by direct allegation or indirect innuendo—to associate an individual with such an offence must be grounded in verifiable facts, due process and lawful findings, not in conjecture, speculation, or guilt by association. To suggest that lawful professional or institutional engagements can, without more, be read as evidence of terrorism financing is both mischievous and unjust.
“For the avoidance of doubt, my public record in office stands in direct contradiction to any insinuation of complicity in terrorism financing. During my tenure as Attorney-General of the Federation and Minister of Justice, I worked with other arms of government and relevant institutions to strengthen—not weaken—Nigeria’s legal and institutional framework against money laundering and the financing of terrorism. Among other efforts.
