A Federal Capital Territory (FCT) High Court in Abuja has affirmed that the detention of former Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN), by the Economic and Financial Crimes Commission (EFCC) is lawful.
Justice Babangida Hassan made the ruling while dismissing an application filed by Malami seeking his release from EFCC custody.
The judge held that the former minister’s detention followed due process and was backed by existing legal provisions.
In a statement released on Thursday, December 18, by EFCC spokesperson Dele Oyewale, the anti-graft agency confirmed that Malami, through his lawyer, Sulaiman Hassan (SAN), had approached the court, arguing that his detention was unlawful since it arose from an ongoing investigation.
Counsel for the EFCC, J.S. Okutepa (SAN), countered the claim, stating that Malami’s detention was carried out under a valid remand order issued by Justice S.C. Oriji of the same FCT High Court.
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Quoting Justice Hassan’s ruling, the EFCC statement read: “In his ruling, Justice Hassan held, quoting Section 35 of the Constitution, that 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.”
The judge further explained that granting Malami’s application would amount to overruling a decision 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 application made by a court of coordinate jurisdiction, which the court has no power to do,” he said.
The former justice minister has been in EFCC custody since December 8 after failing to meet the commission’s bail requirements.
According to the EFCC, Malami is under investigation for 18 alleged offences, including abuse of office and terrorism financing.
The commission said the ongoing detention was necessary to facilitate the probe into the serious allegations against him.