By Nchetachi Chukwuajah
The former Attorney-General of the Federation (AGF) and Minister of Justice, Abubakar Malami (SAN), will remain in the custody of the Economic and Financial Crimes Commission (EFCC) following the denial of his bail application by the Federal Capital Territory (FCT) High Court in Abuja.
In his ruling on Malami’s application seeking bail from the custody of the anti-graft agency, Justice Babangida Hassan said his detention was lawful.
This was contained in a statement issued on Thursday, December 18, by the EFCC’s spokesperson, Dele Oyewale.
The statement noted that Malami, through his counsel, Sulaiman Hassan (SAN), had approached the court to challenge his detention by the EFCC, arguing that it was illegal as it arose from an ongoing investigation.
However, counsel for the EFCC, J.S. Okutepa (SAN), told the court that Malami was being held in line with a valid remand order issued by the FCT High Court and granted by Justice S. C. Oriji.
In his ruling, Justice Hassan cited Section 35 of the Constitution and noted 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,” the statement quoted the judge as saying.
The former minister has been in EFCC custody since December 8 after he reportedly failed to meet the bail conditions set by the commission.
The former AGF is being investigated over 18 alleged offences, including abuse of office and terrorism financing.
Malami, who is one of the ministers who served under former Muhammadu Buhari and currently under EFCC’s investigations, is being asked to account for his investment worth N10 billion in Kebbi State, and some recovered Abacha loot, which was $322 million from the Swiss account and about $22 million from the Island of Jersey in the UK.
