A Federal Capital Territory (FCT) High Court in Abuja on Thursday dismissed the bail application filed by former Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN), against the Economic and Financial Crimes Commission (EFCC).
The presiding judge, Justice Babangida Hassan, delivered the ruling after hearing arguments from both the prosecution and the defence.
Malami’s counsel, Dr Sulaiman Hassan (SAN), urged the court to grant his client bail from EFCC custody, arguing that his continued detention during an ongoing investigation was illegal and unconstitutional.
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However, EFCC counsel, J.S. Okutepa (SAN), told the court that the Commission was lawfully holding the former minister based on a valid remand order issued by another FCT High Court presided over by Justice S. C. Oriji.
Okutepa added that the EFCC operates strictly within the law and does not detain suspects beyond the period permitted without a court order.
In his ruling, Justice Hassan held that Malami was lawfully detained, relying on the provisions of Section 35 of the Constitution and the Administration of Criminal Justice Act (ACJA). He noted that the ACJA permits detention where a competent court has issued a remand order.
“Granting this application would amount to inviting this court to sit as an appellate court over a decision of a court of coordinate jurisdiction, which this court has no power to do,” the judge said.
He consequently dismissed Malami’s bail application.
