Justice Babangida Hassan of the Federal Capital Territory High Court in Abuja on Thursday upheld the continued detention of a former Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN), by the Economic and Financial Crimes Commission (EFCC).
Justice Hassan, while ruling on the matter, rejected Malami’s application for bail from the custody of the anti-graft agency, saying his detention was lawful.
The EFCC’s spokesperson, Dele Oyewale, stated this adding that Malami, through his lawyer, Sulaiman Hassan (SAN), had went to the court to challenge his detention by the EFCC, arguing that it was illegal as it arose from an ongoing investigation.
The EFCC counsel J.S. Okutepa (SAN), however, told the court that the former minister was being held pursuant to a valid remand order issued by the FCT High Court and granted by Justice S. C. Oriji.
“In his ruling, Justice Hassan held, quoting Section 35 of the Constitution, that since there was a provision in the Administration of Criminal Justice Act, ACJA, for detention, Malami was lawfully detained by the Remand Order of the court.
“Asking this court to grant this application is tantamount to inviting the court to sit as an appellate court over an application made by a court of coordinate jurisdiction, which the court has no power to do,” Oyewale quoted the judge as saying.
The EFCC has been keeping Malami in custody since December 8, after he reportedly could not meet the bail conditions set by the commission.
Malami is being investigated over 18 alleged offences, including abuse of office and terrorism financing.
