EFCC Lawfully Detaining Malami, Abuja Court Rules

EFCC Lawfully Detaining Malami, Abuja Court Rules

The Federal Capital Territory (FCT) High Court in Abuja has upheld the continued detention of former Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN), by the Economic and Financial Crimes Commission (EFCC).

Justice Babangida Hassan dismissed Malami’s application seeking bail, ruling that his detention by the anti-graft agency was lawful and backed by a valid court order. The ruling was confirmed in a statement issued on Thursday by the EFCC spokesperson, Dele Oyewale.

According to the EFCC, Malami, through his counsel, Sulaiman Hassan (SAN), had challenged his detention, arguing that it was illegal since it stemmed from an ongoing investigation. However, the commission’s lawyer, J.S. Okutepa (SAN), countered that the former minister was being held under a valid remand order earlier granted by Justice S. C. Oriji of the same court.

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In his ruling, Justice Hassan cited Section 35 of the 1999 Constitution and provisions of the Administration of Criminal Justice Act (ACJA), holding that the law expressly permits detention under a court-issued remand order.

The judge further ruled that granting Malami’s application would amount to the court sitting as an appellate court over a decision of a court of coordinate jurisdiction, which it lacked the power to do.

Malami has remained in EFCC custody since December 8, after allegedly failing to meet the bail conditions imposed by the commission.

The former Attorney-General is currently under investigation over 18 alleged offences, including abuse of office and terrorism financing, according to the EFCC.

EFCC Lawfully Detaining Malami, Abuja Court Rules