The Federal Capital Territory High Court has affirmed the detention of former Attorney-General of the Federation and Minister of Justice, Abubakar Malami, by the Economic and Financial Crimes Commission (EFCC).
Justice Babangida Hassan on Thursday dismissed Malami’s application for bail from EFCC custody, affirming that his detention was lawful and backed by a valid court order.
The ruling was disclosed in a statement issued by the EFCC’s spokesperson, Dele Oyewale. According to the statement, Malami, through his counsel, Sulaiman Hassan, a Senior Advocate of Nigeria, had approached the court to challenge his detention, arguing that it was illegal because it stemmed from an ongoing investigation.
Opposing the application, EFCC counsel, J.S. Okutepa, told the court that the former minister was being held pursuant to a subsisting remand order issued by the FCT High Court and granted by Justice S. C. Oriji.
In his ruling, Justice Hassan cited Section 35 of the Constitution and relevant provisions of the Administration of Criminal Justice Act (ACJA), noting that the law permits detention under a valid remand order. He held that Malami’s detention by the EFCC was therefore lawful.
The judge further ruled that granting the bail application would amount to the court sitting as an appellate court over a decision of a court of coordinate jurisdiction, a course it had no power to take.
Malami has remained in EFCC custody since December 8, after reportedly failing to meet the bail conditions earlier set by the anti-graft agency.
The former Attorney-General is under investigation for 18 alleged offences, including abuse of office and terrorism financing. He, however, has maintained he is innocent of the charges, alleging personal vendetta held against him by the EFCC chairman, Olanipekun Olukayode
