Former Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN, has demanded that the Chairman of the Economic and Financial Crimes Commission (EFCC) recuse himself from any investigation or prosecution involving him, alleging bias, personal vendetta, and political persecution.
In a strongly worded statement issued on Tuesday by his media aide, Mohammed Bello Doka, Malami described his ongoing detention, investigation, and threatened prosecution by the EFCC as a “politically motivated witch-hunt” linked to his recent defection to the African Democratic Congress (ADC).
According to Malami, the EFCC’s actions are not driven by genuine law enforcement concerns but by “deep-seated historical animosity” stemming from events during his tenure as Attorney-General. He recalled that the Justice Ayo Salami Judicial Commission of Inquiry, set up by the Federal Government to probe allegations of corruption and abuse of office within the EFCC, made findings that allegedly implicated the current EFCC Chairman, who served as Secretary to the commission.
Malami noted that the Salami Report, which he said is in the public domain, particularly in Chapter 9, contained adverse findings and recommendations, including possible prosecution of the EFCC Chairman. He argued that this background renders the ongoing investigation against him irredeemably tainted by conflict of interest.
“The present investigation—marked by illegal detentions, media harassment, and procedural abuses—bears all the hallmarks of retaliatory persecution motivated by personal vengeance,” the statement said, adding that such conduct amounts to a grave abuse of office and an assault on the rule of law.
The former Attorney-General insisted that he has been pre-judged and therefore cannot receive a fair or impartial investigation under the current leadership of the EFCC. He formally called on the EFCC Chairman to step aside and for the matter to be transferred to another appropriate government enforcement agency to restore credibility and public confidence.
Malami also appealed to the current Attorney-General of the Federation, in his capacity as Chief Law Officer of the Federation, to intervene and ensure the EFCC Chairman’s recusal in order to prevent what he described as further institutional damage and abuse of prosecutorial powers for personal or partisan ends.
In addition, Malami demanded immediate judicial oversight of the matter, insisting that he should either be charged to court or released within 24 hours, in line with Sections 35(3), (4), and (5) of the 1999 Constitution (as amended). He maintained that only a court of competent jurisdiction, not “politically compromised agencies,” can lawfully adjudicate the case.
Raising further concerns, Malami accused the EFCC of attempting to rely on individuals convicted by foreign courts and currently serving criminal sentences abroad as potential witnesses against him. He described this approach as “desperate, scandalous, and corrosive” to the integrity of Nigeria’s criminal justice system, arguing that such individuals should ordinarily be subject to extradition proceedings, not deployed as prosecution witnesses.
The statement disclosed that Malami has already initiated formal legal steps to protect his rights, including demands for Certified True Copies of the petitions allegedly forming the basis of the investigation. These include petitions by Human and Environmental Agenda dated 11 September 2023, and Grassroot Advocacy for Peace and Good Governance. He has also requested Certified True Copies of the EFCC’s investigation report, which he said is essential for the preparation of his defence.
Concluding the statement, Malami stressed that he seeks no political settlement or inducement, but only an open and transparent opportunity to clear his name before a court of law.
“Nigeria must not degenerate into a republic where anti-corruption agencies are converted into tools of political intimidation,” the statement said. “The law must remain supreme—above politics, above power, and above persons.”
