The Office of Abubakar Malami, SAN expresses concern over a series of actions by state agencies which, taken together, amount to a deliberate attempt to frustrate his constitutional right to a fair hearing and effective legal defence.
Following charges filed by the Economic and Financial Crimes Commission (EFCC), the Federal High Court granted Mr. Malami bail. However, the EFCC delayed the submission of his international passports to the court for approximately one week, despite the passports being a key condition for the perfection of bail. This delay unnecessarily prolonged his detention and obstructed the execution of a valid court order.
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Immediately after Mr. Malami perfected his bail and was released from the Kuje Custodial Centre, he was rearrested by the Department of State Services (DSS). He was subsequently detained for five days without access to his lawyers or family and was only permitted to meet his legal team on Friday, following prolonged isolation, repeated delays, and grave violations of his fundamental human rights.
This detention occurred at a critical time when Mr. Malami was required to prepare and open his defence in an EFCC interim forfeiture proceeding before the Federal High Court. Denying him access to counsel during this period directly impaired his ability to consult with his lawyers, prepare necessary filings, and give instructions, thereby constituting a clear frustration of due process.
This sequence of events suggests a disturbing pattern in which arrest precedes investigation, with evidence sought only after detention—an approach that constitutes a blatant violation of the rule of law and constitutionally guaranteed rights. It is deeply troubling that the DSS appears to be adopting a similar practice of arrest, detention, and subsequent evidence gathering.
The Office emphasises that bail granted by a court must have practical and legal effect. No agency should be permitted to neutralise judicial orders through coordinated delays, rearrests, or the denial of access to legal representation. Such actions undermine the authority of the courts and pose a serious threat to fundamental human rights.
Mr. Malami remains ready and willing to defend himself fully in court and in accordance with the law. He calls on all state institutions to respect court orders, constitutional guarantees, and the rule of law.
Signed:
Mohammed Bello Doka
Special Assistant on Media to Abubakar Malami, SAN
