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).
In a ruling delivered by Justice Babangida Hassan, the court dismissed an application filed by Malami seeking bail from the custody of the anti-graft agency, holding that his detention was lawful and in accordance with due process.
The decision was disclosed in a statement issued on Thursday by the EFCC’s spokesperson, Mr Dele Oyewale. According to the statement, Malami, through his legal team led by Mr Sulaiman Hassan (SAN), had approached the court to challenge the legality of his detention, arguing that it was unconstitutional since it stemmed from an ongoing investigation rather than a concluded criminal charge.
Malami’s counsel reportedly contended that the EFCC lacked the legal authority to continue holding the former minister while investigations were still in progress, insisting that his fundamental rights had been breached and urging the court to grant him bail.
However, counsel to the EFCC, Mr J. S. Okutepa (SAN), opposed the application, informing the court that Malami was being detained pursuant to a valid remand order issued by the FCT High Court. He explained that the remand order had earlier been granted by Justice S. C. Oriji, thereby providing the legal basis for the EFCC to keep the former Attorney-General in custody.
In his ruling, Justice Hassan agreed with the EFCC’s argument, citing Section 35 of the 1999 Constitution (as amended) and relevant provisions of the Administration of Criminal Justice Act (ACJA). He held that the ACJA clearly provides for the detention of suspects through a remand order issued by a competent court.
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According to the EFCC spokesperson, the judge ruled that Malami’s detention was lawful, having been authorised by a subsisting court order. Justice Hassan further held that granting the application would amount to the court sitting as an appellate court over the decision of another court of coordinate jurisdiction, a power it does not possess.
“Asking this court to grant this application is tantamount to inviting the court to sit as an appellate court over an application made by a court of coordinate jurisdiction, which the court has no power to do,” the judge was quoted as saying.
Malami has remained in EFCC custody since December 8, after reportedly failing to meet the bail conditions set by the commission.
According to reports, the former Attorney-General is being investigated over 18 alleged offences, including allegations of abuse of office and terrorism financing. The EFCC has maintained that investigations are ongoing and that due process is being followed.
The ruling represents a significant development in the high-profile case, reinforcing the authority of remand orders in criminal investigations and underscoring the court’s position on jurisdictional limits in bail applications involving existing judicial orders.
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