Court Upholds EFCC Detention of Former Attorney-General Abubakar Malami

• A Federal Capital Territory High Court in Abuja has ruled that the continued detention of former Attorney-General of the Federation, Abubakar Malami, by the EFCC is lawful, dismissing his bail application.

The Federal Capital Territory High Court sitting 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 the custody of the anti-graft agency, ruling that his detention was lawful and in line with existing legal provisions.

The decision was contained 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 illegal because it arose from an ongoing investigation.

However, counsel to the EFCC, J.S. Okutepa (SAN), informed the court that Malami was being held pursuant to a valid 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 1999 Constitution and provisions of the Administration of Criminal Justice Act (ACJA), holding that the law permits detention under a remand order.

The judge further noted that granting Malami’s application would amount to the court sitting as an appellate court over a decision made by a court of coordinate jurisdiction, a power it does not possess.

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

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

The court’s ruling means Malami will remain in EFCC custody pending the conclusion of investigations and further legal proceedings.