By Ayodele Oni
Former Attorney General of the Federation and justice minister, Abubakar Malami, SAN, will remain in the custody of the Economic, Financial Crimes Commission, (EFCC) as investigations into allegations against him continue.
This follows a Federal Capital Territory High Court ruling, which dismissed an application seeking the release of the former Attorney General of the Federation from the custody of the EFCC.
The court held that Malami’s detention was lawful and backed by a valid court order.
Justice Babangida Hassan delivered the ruling on Thursday rejecting the request for bail filed by Malami through his counsel, Dr. Suliaman Hassan, SAN.
The former minister had asked the court to order his release from EFCC custody, arguing that his continued detention during an ongoing investigation was unlawful.
Details of the ruling were disclosed by the anti graft agency in a post on its official X handle.
In opposing the application, EFCC counsel, Chief J. S. Okutepa, SAN, told the court that Malami was being detained pursuant to a subsisting Remand Order issued by Justice S. C. Oriji of the same FCT High Court.
He maintained that the commission operates strictly within the law and would not hold any suspect beyond the period allowed without express judicial authorisation.
In his judgment, Justice Hassan relied on Section 35 of the 1999 Constitution and relevant provisions of the Administration of Criminal Justice Act.
He held that the law permits detention where a valid remand order exists and ruled that Malami’s custody by the EFCC complied with due process.
The Judge stressed that granting the application would amount to sitting in appeal over a decision of a court of coordinate jurisdiction, which he said was not permissible.
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