By MOHAMMED DANBABA
The Federal Capital Territory (FCT) High Court in Abuja has dismissed an application seeking the release of former Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN, from the custody of the Economic and Financial Crimes Commission (EFCC).
In a ruling delivered on Thursday, December 18, 2025, Justice Babangida Hassan held that Malami’s detention by the anti-graft agency was lawful and backed by a valid court order, effectively shutting down the former minister’s attempt to secure bail through a summons application.
The decision marks a significant moment in the ongoing EFCC investigation involving the former chief law officer of the federation, drawing renewed public attention to accountability at the highest levels of government.
Malami Challenges EFCC Detention in Court
Malami, through his legal team led by Dr. Suliaman Hassan, SAN, had approached the court to challenge his continued detention by the EFCC. His counsel argued that the former minister’s custody amounted to a violation of his fundamental rights, insisting that the EFCC acted outside the bounds of the law.
According to the application, Malami contended that the anti-graft agency lacked legal justification to keep him in custody while investigations were ongoing. His lawyers urged the court to order his immediate release, describing the detention as unlawful and oppressive.
However, the EFCC firmly opposed the application, insisting that its actions were grounded in due process and judicial authorization.
EFCC Cites Valid Remand Order
Responding on behalf of the EFCC, Chief J.S. Okutepa, SAN, told the court that the Commission was acting strictly within the confines of the law. He disclosed that the EFCC was holding Malami pursuant to a valid remand order issued by another FCT High Court.
Okutepa explained that the remand order was granted by Justice S. C. Oriji, authorizing the EFCC to detain the former minister pending the conclusion of investigations. He further emphasized that the EFCC, as a law-abiding institution, does not detain suspects beyond legally permissible timelines without judicial approval.
“The detention of the applicant is not arbitrary,” Okutepa argued. “It is backed by a subsisting order of a court of competent jurisdiction.”
Court Cites Constitution, ACJA in Ruling
In his ruling, Justice Babangida Hassan anchored his decision on Section 35 of the 1999 Constitution (as amended) and relevant provisions of the Administration of Criminal Justice Act (ACJA).
The judge noted that the ACJA clearly provides for the remand of suspects under specific circumstances and that such remand orders are lawful once properly obtained. He held that Malami’s detention fell squarely within those provisions.
Justice Hassan stressed that the court could not interfere with or overturn a remand order issued by a court of coordinate jurisdiction.
“Asking this court to grant this application is tantamount to inviting the court to sit as an appellate court over a decision made by a court of coordinate jurisdiction,” the judge ruled. “This court lacks the power to do so.”
Based on this reasoning, the court dismissed Malami’s application in its entirety, affirming that the EFCC acted lawfully.
Legal Implications of the Ruling
Legal analysts say the ruling reinforces a long-standing judicial principle that courts of equal jurisdiction cannot overrule one another’s decisions. It also underscores the expanding influence of the ACJA in shaping criminal procedure and detention practices in Nigeria.
By upholding the EFCC’s reliance on a remand order, the court effectively reaffirmed the powers of investigative agencies to detain suspects within the framework of the law, particularly in complex financial and corruption-related cases.
Observers note that the ruling may influence similar bail applications filed by high-profile suspects seeking release while investigations are ongoing.
Public Interest and Accountability Debate
The court’s decision has sparked renewed debate across legal and political circles, given Malami’s former position as Nigeria’s chief law officer. For many Nigerians, the case represents a broader test of whether the country’s anti-corruption institutions can investigate powerful figures without interference.
While the EFCC has not publicly disclosed the full details of its investigation, the dismissal of the bail application suggests that the agency has satisfied judicial requirements at this stage of the process.
As the matter unfolds, attention will likely remain fixed on both the EFCC’s next steps and any further legal moves by Malami’s defence team.
What Comes Next
With the bail application dismissed, Malami remains in EFCC custody under the existing remand order. Legal experts anticipate that his lawyers may explore alternative legal options, including approaching the court that issued the remand order or pursuing appellate remedies where appropriate.
For now, however, the ruling stands as a clear judicial endorsement of the EFCC’s actions—at least within the scope of the law as currently interpreted.
#Malami #EFCC #AbubakarMalami #FCTHighCourt #AntiCorruption #NigeriaNews #JudicialRuling #BreakingNews
