Court Backs EFCC Detention Of Malami
By Ranti Thomas
The Federal Capital Territory High Court in Abuja has affirmed the legality of the Economic and Financial Crimes Commission’s continued detention of former Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN).
Justice Babangida Hassan, in a ruling delivered in Abuja, rejected Malami’s application for bail, holding that his incarceration by the anti-graft agency was in line with the law.
The decision followed a legal challenge mounted by Malami through his counsel, Sulaiman Hassan (SAN), who argued that his client’s detention was unlawful since investigations were still ongoing.
However, counsel to the EFCC, J.S. Okutepa (SAN), countered the argument, informing the court that Malami was being held under a valid remand order earlier granted by another judge of the FCT High Court.
In a statement issued on Thursday by EFCC spokesperson, Dele Oyewale, the court was quoted as affirming that the remand order provided sufficient legal backing for the former minister’s detention.
Citing Section 35 of the 1999 Constitution and provisions of the Administration of Criminal Justice Act, the judge ruled that the law expressly allows detention where a valid court order exists.
Justice Hassan further noted that granting Malami’s request would amount to overstepping judicial boundaries, as it would require the court to review the decision of another court of coordinate jurisdiction.
“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 stated.
Malami has remained in EFCC custody since December 8 after he reportedly failed to satisfy the bail conditions earlier imposed by the commission.
Sources familiar with the matter disclosed that the former Attorney-General is under investigation for multiple alleged offences.
The allegations reportedly include abuse of office, financial misconduct, and terrorism financing, among others.
The EFCC has maintained that investigations are ongoing and that the former minister will be charged to court once the probe is concluded.