By Muhammed Abubakar, Reporting
An FCT High Court sitting in Abuja has dismissed an application filed by former Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN, seeking bail from the custody of the Economic and Financial Crimes Commission (EFCC).
Justice Babangida Hassan delivered the ruling on Thursday, December 18, 2025, affirming that Malami’s detention by the anti-graft agency was lawful and backed by a valid court order.
Malami, through his counsel, Dr Suliaman Hassan, SAN, had approached the court to challenge his detention, arguing that it was illegal and a violation of his constitutional right to personal liberty.
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He urged the court to grant him bail pending the conclusion of investigations being conducted by the EFCC.
However, counsel to the EFCC, Chief J.S. Okutepa, SAN, told the court that the former minister was being held pursuant to a valid remand order issued by another FCT High Court presided over by Justice S.C. Oriji.
He maintained that the Commission acted strictly within the bounds of the law and would not detain any suspect beyond the legally permissible period without express judicial authorisation.
Okutepa further argued that the detention was in line with the provisions of the Administration of Criminal Justice Act (ACJA), which empowers courts to remand suspects to enable ongoing investigations where necessary.
In his ruling, Justice Hassan upheld the submissions of the EFCC, citing Section 35 of the 1999 Constitution (as amended) and relevant provisions of the ACJA.
He held that since the law allows detention pursuant to a remand order, Malami’s continued stay in EFCC custody was lawful.
The judge further ruled that his court lacked the jurisdiction to set aside or review an order made by a court of coordinate jurisdiction.
“Asking this court to grant this application is tantamount to inviting the court to sit as an appellate court over an order made by a court of coordinate jurisdiction, which this court has no power to do,” Justice Hassan said.
The ruling means that Malami will remain in EFCC custody in line with the subsisting remand order while investigations continue.
Meanwhile, the EFCC, in a statement by its Head of Media and Publicity, Dele Oyewale, reaffirmed the Commission’s commitment to due process, the rule of law and respect for the rights of suspects in the discharge of its statutory responsibilities.
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