Court Throws Out Malami’s Bail Bid, Affirms EFCC’s Remand Order

Abuja, Nigeria- An Abuja High Court of the Federal Capital Territory (FCT) has dismissed an application filed by former Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN, seeking bail from the custody of the Economic and Financial Crimes Commission (EFCC).

Justice Babangida Hassan delivered the ruling on Thursday, December 18, 2025, holding that Malami’s detention by the anti-graft agency was lawful and backed by a valid court order.

Malami had approached the court through his counsel, Dr. Suliaman Hassan, SAN, arguing that his continued detention by the EFCC in connection with an ongoing investigation was illegal and unconstitutional.

He urged the court to grant him bail and order his release from EFCC custody.

However, the EFCC, through its counsel, Chief J.S. Okutepa, SAN, opposed the application, insisting that the former minister was being held pursuant to a valid remand order granted by another FCT High Court presided over by Justice S.C. Oriji.

Okutepa told the court that the EFCC was a law-abiding agency that would not detain any suspect beyond the period permitted by law without a court order, stressing that Malami’s detention was fully covered by the subsisting remand order.

In his ruling, Justice Hassan relied on Section 35 of the 1999 Constitution (as amended) and the provisions of the Administration of Criminal Justice Act (ACJA), which allow for the remand of suspects pending investigation.

The judge held that since Malami was being detained pursuant to a lawful remand order issued by a court of competent jurisdiction, his application for bail lacked merit.

“Since there is a clear provision under the Administration of Criminal Justice Act for detention, the applicant is lawfully detained by virtue of the remand order of the court,” Justice Hassan ruled.

He further noted that granting Malami’s application would amount to sitting on appeal over the decision of a court of coordinate jurisdiction, which the court lacked the power to do.

“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”, he added.