The Federal Capital Territory (FCT) High Court sitting in Abuja has dismissed an application filed by Abubakar Malami, former Attorney-General of the Federation and Minister of Justice, seeking bail from the custody of the Economic and Financial Crimes Commission (EFCC).
According to a statement by Dele Oyewale, Head, Media & Publicity, EFCC Abuja, Babangida Hassan (Justice) delivered the ruling on Thursday, holding that Malami’s detention by the anti-graft agency was lawful and backed by a valid court order.
Malami had approached the court through his counsel, Suliaman Hassan, contending that his continued detention by the EFCC in the course of an ongoing investigation was illegal and unconstitutional.
He urged the court to grant him bail pending the conclusion of investigations by the Commission.
However, counsel to the EFCC, J.S. Okutepa, opposed the application, informing the court that the former minister was being held pursuant to a valid remand order granted by another FCT High Court presided over by S.C. Oriji (Justice).
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Okutepa stressed that the EFCC is a law-abiding agency that does not detain suspects beyond the period permitted by law without the express authorisation of the court.
He further argued that Malami’s detention was in strict compliance with the provisions of the Administration of Criminal Justice Act (ACJA), which allows for the remand of suspects under clearly defined legal procedures.
In his ruling, Hassan agreed with the EFCC’s position, citing Section 35 of the 1999 Constitution (as amended) and relevant provisions of the ACJA.
The judge held that the remand order issued by a court of competent jurisdiction conferred legal authority on the EFCC to detain Malami pending further investigation.
Hassan also ruled that granting the application would amount to overstepping the court’s jurisdiction.
“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 this court has no power to do,” he said.
The EFCC reaffirmed its commitment to due process and adherence to the rule of law in the discharge of its mandate.
