A Federal Capital Territory (FCT) High Court in Abuja on Thursday dismissed the bail application by Abubakar Malami, the immediate past Attorney-General of the Federation and Minister of Justice, who had sought release from the custody of the Economic and Financial Crimes Commission (EFCC).
In a ruling delivered by Justice Babangida Hassan, the court held that Malami’s detention was lawful and supported by a subsisting court order. Malami, a Senior Advocate of Nigeria, had argued through his lawyer, Sulaiman Hassan (SAN), that his continued custody during an ongoing EFCC investigation was unlawful and a violation of his constitutional right to liberty.
The EFCC countered that Malami’s detention was authorised by a valid remand order previously issued by another FCT High Court. Counsel for the anti-graft agency, J.S. Okutepa (SAN), told the court that the commission had acted within the law and would not hold any suspect beyond the period permitted without an explicit court order.
In his judgment, Justice Hassan agreed with the EFCC’s position, noting that both the Constitution and the Administration of Criminal Justice Act recognise detention under a court-issued remand order. The judge also ruled that the bail application was procedurally flawed, saying granting it would amount to one court acting as an appellate body over another of equal standing—something beyond its authority.
Malami is currently being investigated by the EFCC on multiple alleged offences, including money laundering, abuse of office and terrorism financing.
