By Ghazali Ibrahim
A Federal Capital Territory (FCT) High Court in Abuja on Thursday rejected a bid by former Attorney‑General of the Federation and Minister of Justice, Abubakar Malami (SAN), to secure bail from the custody of the Economic and Financial Crimes Commission (EFCC), ruling that his detention is lawful and should continue under an existing remand order.
In a ruling delivered by Justice Babangida Hassan, the court held that Malami’s continued detention is supported by a valid remand order previously issued by another FCT High Court judge, and that it would be outside the court’s jurisdiction to overturn that order.
The judge, quoting Section 35 of the Constitution and relevant provisions of the Administration of Criminal Justice Act (ACJA), said the detention complies with legal requirements for suspects awaiting further proceedings.
Malami had approached the court through his counsel, Dr. Sulaiman Hassan (SAN), arguing that his detention by the EFCC in the course of an ongoing investigation was unlawful and violated his fundamental rights. EFCC counsel, J.S. Okutepa (SAN), countered that the commission obtained the remand order from another High Court and stressed that the detention was carried out within the bounds of the law.
Justice Hassan agreed with the EFCC’s position, noting that the Constitution and the ACJA allow for the remand of a suspect where a competent court has granted such authority. He said inviting the court to grant bail would amount to acting as an appellate court over a co‑equal court, a power it does not possess.
Malami has been in EFCC custody since early December after failing to meet bail conditions initially set by the commission. He is being investigated in connection with allegations including money laundering, abuse of office, and matters relating to recovered assets, including funds linked to the late military ruler Gen. Sani Abacha.
