Court Upholds EFCC’s Detention of Ex-AGF Abubakar Malami

The Federal Capital Territory High Court in Abuja has upheld the continued detention of a former Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN), by the Economic and Financial Crimes Commission (EFCC).

Justice Babangida Hassan dismissed Malami’s application seeking bail from EFCC custody, ruling that his detention was lawful and backed by a valid court order.

The ruling was disclosed in a statement issued on Thursday by the EFCC’s spokesperson, Dele Oyewale.

According to the statement, Malami, through his counsel, Sulaiman Hassan (SAN), had approached the court to challenge his detention, arguing that it was unlawful because it arose from an ongoing investigation by the anti-graft agency.

However, EFCC counsel, J.S. Okutepa (SAN), countered the claim, telling the court that Malami was being held pursuant to a valid remand order earlier issued by another judge of the FCT High Court, Justice S. C. Oriji.

In his ruling, Justice Hassan cited Section 35 of the 1999 Constitution and provisions of the Administration of Criminal Justice Act (ACJA), holding that the law permits detention under a valid remand order.

The judge ruled that granting Malami’s application would amount to sitting as an appellate court over a decision of a court of coordinate jurisdiction, which he said was beyond the court’s powers.

Malami has remained in EFCC custody since December 8, after reportedly failing to meet the bail conditions granted by the commission.

The former Attorney-General is currently being investigated over 18 alleged offences, including abuse of office and terrorism financing.