The Federal Capital Territory High Court, Abuja, on Thursday dismissed an application by a former Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN), seeking bail from the custody of the Economic and Financial Crimes Commission.
Justice Babangida Hassan, in his ruling, held that Malami’s continued detention by the anti-graft agency was lawful, having been carried out pursuant to a valid remand order earlier granted by a court of coordinate jurisdiction.
The ruling was disclosed in a statement issued by the EFCC spokesperson, Dele Oyewale.
Malami, through his counsel, Sulaiman Hassan (SAN), had urged the court to grant him bail, arguing that his detention was illegal because it arose from an ongoing investigation and not from a formal charge.
However, counsel to the EFCC, J.S. Okutepa (SAN), countered the argument, telling the court that the former minister was being held in line with a remand order issued by the FCT High Court and granted by Justice S.C. Oriji.
Delivering judgment, Justice Hassan cited Section 35 of the 1999 Constitution (as amended), as well as provisions of the Administration of Criminal Justice Act, noting that the law permits detention under a valid court order.
The judge held that granting Malami’s application would amount to the court sitting on appeal over the decision of another court of coordinate jurisdiction, which it lacked the power to do.
“Since there is a clear provision under the ACJA for detention, the applicant is lawfully detained by virtue of the remand order of the court,” Oyewale quoted the judge as saying.
Malami has been in EFCC custody since December 8, after reportedly failing to meet the bail conditions earlier set by the commission.
The former Attorney-General is currently under investigation over 18 alleged offences, including abuse of office and terrorism financing.
The EFCC has maintained that its actions are in strict compliance with the law, insisting that the investigation will proceed in line with due process.
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