The Federal Capital Territory (FCT) High Court sitting in Abuja has rejected an application filed by Abubakar Malami, a former Attorney-General of the Federation and Minister of Justice, seeking bail from the custody of the Economic and Financial Crimes Commission (EFCC).
According to a statement by the Head of Media and Publicity of the EFCC Abuja, Dele Oyewale, Babangida Hassan (Justice) delivered the judgment on Thursday, stating that Malami's detention by the anti-corruption agency was lawful and supported by a valid court order.
Malami had approached the court through his lawyer Suleiman Hassan, arguing that his continued detention by the EFCC during the ongoing investigation was illegal and unconstitutional.
He urged the court to grant him bail until the commission's investigation is completed.
However, counsel to the EFCC, JS Okutepa, opposed the application, informing the court that the former minister was being held pursuant to a valid remand order granted by another FCT High Court presided over by SC Origi (Justice).
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Okutepa stressed that the EFCC is a law abiding agency that does not detain suspects beyond the period permitted by law without the express permission of the court.
He further argued that Malami's detention was in strict compliance with the provisions of the Administration of Criminal Justice Act (ACJA), which allows the remand of suspects under clearly defined legal procedures.
In his judgment, Hassan agreed with the EFCC's position, citing Section 35 of the 1999 Constitution (as amended) and relevant provisions of the ACJA.
The judge held that the remand order issued by a court of competent jurisdiction provided the EFCC with legal authority to detain Malami pending further investigation.
Hassan also ruled that granting the application would be a breach of the court's jurisdiction.
He said, “Asking this court to accept this application is tantamount to inviting the court to sit as an appellate court on an application made by a court of coordinate jurisdiction, which this court has no power to do.”
The EFCC reaffirmed its commitment to adhering to due process and the rule of law in the discharge of its mandate.
