Alleged Fraud: Ex-AGF Malami Remains In EFCC Custody As Court Rejects Bail Application

A Federal Capital Territory High Court in Abuja dismissed a bail application submitted by former Attorney-General and Minister of Justice, Abubakar Malami, seeking his release from the custody of the Economic and Financial Crimes Commission (EFCC).

Justice Babangida Hassan stated that the bail application could not be granted due to an existing remand order from a court of coordinate jurisdiction, which authorized the EFCC to detain Malami for further investigation.

Malami, who is a prominent member of the opposition coalition and a candidate in the upcoming governorship election in Kebbi State, has been in EFCC custody since the previous week, facing allegations of misappropriation of funds.

His legal representative, Sulaiman Hassan, a Senior Advocate of Nigeria, argued in court that Malami’s detention was unlawful.

In response, Jibrin Okutepa, also a Senior Advocate of Nigeria and representing the EFCC, maintained that the commission was detaining Malami under a valid remand order issued by Justice S. C. Oriji of the FCT High Court.

He equally affirmed that the EFCC was a law-abiding commission that would not detain a suspect beyond the lawful period without an order of the court.

In his ruling, Justice Hassan, while quoting Section 35 of the Constitution, said “since there was a provision in the Administration of Criminal Justice Act, ACJA, for detention, Malami was lawfully detained by the Remand Order of the court.

“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,” he held.