Court rejects Malami’s bail, uphold EFCC detention order

A High Court of the Federal Capital Territory (FCT) has dismissed an application by former Attorney-General of the Federation and Minister of Justice, Abubakar Malami, seeking to be released from the custody of the Economic and Financial Crimes Commission (EFCC).

In a ruling delivered on Thursday, Justice Babangida Hassan held that Malami’s detention by the anti-graft agency was lawful and backed by a valid court order.

Malami, a Senior Advocate of Nigeria, had approached the court through his lawyer, Sulaiman Hassan, arguing that his continued detention during an ongoing EFCC investigation was illegal and amounted to a violation of his constitutional right to personal liberty.

The EFCC opposed the application, maintaining that Malami was being held pursuant to a remand order lawfully issued by another FCT High Court. Counsel to the commission, J.S. Okutepa (SAN), told the court that the remand order was granted by Justice S.C. Oriji in line with the provisions of the Administration of Criminal Justice Act (ACJA).

Okutepa insisted that the commission acted strictly within the law and would not detain any suspect beyond the period authorised by the court.

In his judgment, Justice Hassan agreed with the EFCC’s position, noting that both the Constitution and the ACJA permit detention where a valid remand order has been issued by a court of competent jurisdiction.

He further ruled that Malami’s application was procedurally defective, as it effectively asked the court to review or set aside an order made by another court of equal jurisdiction.

“Granting this application would amount to this court sitting as an appellate court over the decision of a court of coordinate jurisdiction,” the judge said, adding that such an action was beyond the powers of the court.

Malami is currently under investigation by the EFCC over 18 alleged offences, including money laundering, abuse of office and terrorism financing.