JUST-IN: Court Rejects Malami’s Bail Application, Upholds EFCC Remand Order

The Federal Capital Territory (FCT) High Court has dismissed an application by former Attorney-General of the Federation and Minister of Justice, Abubakar Malami, seeking bail from the custody of the Economic and Financial Crimes Commission (EFCC).

In a ruling on Thursday, Justice Babangida Hassan held that Malami’s detention was lawful and supported by a valid court order.

Malami, a Senior Advocate of Nigeria, had approached the court through his counsel, Sulaiman Hassan, arguing that his continued detention during an ongoing EFCC investigation was illegal and violated his constitutional right to personal liberty.

The EFCC, however, countered that Malami was being held pursuant to a remand order lawfully issued by another FCT High Court.

J.S. Okutepa, counsel to the commission, told the court that the order, issued by Justice S.C. Oriji, under the Administration of Criminal Justice Act (ACJA), was fully within legal bounds and that the commission would not detain any suspect beyond the period authorised by the court.

In his judgement, Justice Hassan agreed with the EFCC, noting that both the Constitution and the ACJA recognise detention based on a valid remand order from a court of competent jurisdiction.

The judge also ruled that Malami’s application was procedurally flawed, as it effectively sought to have one court overturn the decision of another court of equal standing.

“Granting this application would amount to this court sitting as an appellate court over the decision of a court of coordinate jurisdiction,” Justice Hassan said, adding that such a step was beyond the powers of the court.