‘Valid Court Order’: FCT High Court Denies Malami’s Bail Application

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

In a ruling delivered on Thursday, Justice Babangida Hassan held that Malami’s detention was lawful and backed by a valid remand order obtained by the anti-graft agency.

Malami, a Senior Advocate of Nigeria (SAN), had approached the court through his counsel, Sulaiman Hassan, arguing that his continued detention by the EFCC during its investigation violated his fundamental rights to personal liberty.

He urged the court to grant him bail pending the conclusion of the probe. However, counsel to the EFCC, J.S. Okutepa (SAN), opposed the application.

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He informed 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, in accordance with the Administration of Criminal Justice Act (ACJA).

Okutepa argued that the commission is a law-abiding agency and would not detain any suspect beyond the period authorized by law without a court order.

In his judgment, Justice Hassan agreed with the EFCC’s submission. He noted that both the Constitution and the ACJA recognize detention based on a valid remand order issued by a competent court.

The judge ruled that the application filed by Malami was procedurally flawed because it effectively asked his court to sit as an appellate court over a decision made by a court of coordinate jurisdiction (Justice Oriji’s court).

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“Granting this application would amount to this court sitting as an appellate court over the decision of a court of coordinate jurisdiction,” Justice Hassan stated, adding that such an action was outside his judicial powers.

Consequently, the court dismissed the application and upheld the remand order.  Malami is currently under investigation for 18 alleged offenses, including money laundering, abuse of office, and terrorism financing.

The ruling comes amidst claims by the former AGF that his detention is politically motivated, an allegation the EFCC has firmly denied.