A Federal Capital Territory High Court sitting in Abuja has dismissed an application seeking the release of former Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN, from the custody of the Economic and Financial Crimes Commission(EFCC).
The court held that Malami’s detention was lawful and backed by a valid court order.
Justice Babangida Hassan delivered the ruling on Thursday rejecting the request for bail filed by Malami through his counsel, Dr. Suliaman Hassan, SAN.
The former minister had asked the court to order his release from EFCC custody, arguing that his continued detention during an ongoing investigation was unlawful.
Details of the ruling were disclosed by the anti graft agency in a post on its official X handle.
In opposing the application, EFCC counsel, Chief J. S. Okutepa, SAN, told the court that Malami was being detained pursuant to a subsisting Remand Order issued by Justice S. C. Oriji of the same FCT High Court.
He maintained that the commission operates strictly within the law and would not hold any suspect beyond the period allowed without express judicial authorisation.
In his judgment, Justice Hassan relied on Section 35 of the 1999 Constitution and relevant provisions of the Administration of Criminal Justice Act.
He held that the law permits detention where a valid remand order exists and ruled that Malami’s custody by the EFCC complied with due process.
The judge stressed that granting the application would amount to sitting in appeal over a decision of a court of coordinate jurisdiction, which he said was not permissible.
The court’s decision effectively keeps the former justice minister in EFCC custody as investigations continue, marking a significant legal setback for Malami in his bid to regain freedom through the courts.
