Court Rejects Malami’s Bail Bid, Upholds EFCC Detention Order

The Federal Capital Territory (FCT) High Court has refused to grant bail to Abubakar Malami, former Attorney-General of the Federation and Minister of Justice, affirming that his detention by the Economic and Financial Crimes Commission (EFCC) is lawful.

Delivering the ruling on Thursday, Justice Babangida Hassan held that Malami’s continued custody is anchored on a valid remand order issued by a court of competent jurisdiction. The judge dismissed Malami’s application, in which he argued—through his counsel, Sulaiman Hassan—that his detention during an ongoing investigation violated his constitutional right to personal liberty.

The EFCC opposed the application, with its counsel, J.S. Okutepa, informing the court that Malami was being held pursuant to a remand order granted by another FCT High Court presided over by Justice S.C. Oriji, in line with the Administration of Criminal Justice Act (ACJA). Okutepa maintained that the commission acted strictly within the law and would not detain Malami beyond the period authorised by the court.

In his ruling, Justice Hassan agreed with the EFCC, noting that both the Constitution and the ACJA permit detention based on a valid remand order. He further held that the bail application was procedurally flawed, as it effectively invited the court to review or overturn an order made by another court of coordinate jurisdiction.

“Granting this application would amount to this court sitting as an appellate court over the decision of a court of coordinate jurisdiction,” the judge ruled, stressing that such a move was beyond the powers of the court.