BREAKING: Court Rejects Malami’s Bail Request, Affirms EFCC Remand Order
Olayiwola Matthew
The Federal Capital Territory (FCT) high court has refused to grant bail to Abubakar Malami, former attorney-general (AGF) of the federation and minister of justice, who is currently in the custody of the Economic and Financial Crimes Commission (EFCC).
Babangida Hassan, the judge presiding over the case, delivered the ruling on Thursday, affirming that Malami’s detention is lawful and underpinned by a valid court order.
Malami, a senior advocate of Nigeria, had approached the court through Sulaiman Hassan, his counsel, arguing that his continued detention by the EFCC during an ongoing investigation was illegal and violated his constitutional right to personal liberty.
The EFCC countered the application, insisting that Malami was held pursuant to a remand order lawfully obtained from another FCT high court.
J.S. Okutepa, counsel to the EFCC, told the court that the order was issued by S.C. Oriji in line with the provisions of the Administration of Criminal Justice Act (ACJA).
Okutepa added that the commission had acted within the limits of the law and would not detain any suspect beyond the period authorised by the court.
In his ruling, Hassan agreed with the EFCC, noting that both the constitution and the ACJA recognise detention under a valid remand order issued by a court of competent jurisdiction.
The judge also found that the bail application was procedurally defective, as it sought to invite the court to review or overturn an order issued by 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,” Hassan held, adding that such a step was beyond the powers of the court.