The Federal Capital Territory High Court in Abuja has refused to grant bail to Abubakar Malami, Nigeria’s former Attorney General of the Federation, ruling that his continued detention by the Economic and Financial Crimes Commission (EFCC) is lawful and supported by a valid court order.
Justice Babangida Hassan, who delivered the ruling on Thursday, held that Malami is being detained under a legitimate remand order issued by another judge of the same court.
The decision follows Malami’s claim that the EFCC violated his constitutional rights by keeping him in custody during an ongoing corruption investigation.
Okay News reports that Malami, through his lawyer Sulaiman Hassan, argued that he was being held without legal justification and urged the court to order his immediate release.
The EFCC opposed the request. Its counsel, J. S. Okutepa, told the court that the agency secured a remand order from Justice S. C. Oriji, acting under the Administration of Criminal Justice Act (ACJA).
Okutepa said the commission followed due process and would not detain Malami for longer than the time permitted by law.
In his ruling, Justice Hassan agreed with the EFCC’s position and faulted Malami’s application.
He said the former attorney general was asking him to override or review the decision of another judge of equal rank, something the law does not permit.
The judge stated that both Nigeria’s constitution and the ACJA recognise detention based on a valid court order.
“Granting this application would amount to this court sitting as an appellate court over the decision of a court of coordinate jurisdiction,” Hassan ruled.
Malami, a senior advocate of Nigeria, served as attorney general and minister of justice from 2015 to 2023.
His arrest and interrogation by the EFCC are linked to allegations of corruption and abuse of office, claims he denies.
