Justice Babangida Hassan of the Federal Capital Territory High Court in Abuja has dismissed an application for bail filed by former Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN), seeking release from the custody of the Economic and Financial Crimes Commission (EFCC).
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The ruling, delivered on Thursday, upheld Malami’s detention as lawful, citing a valid remand order previously granted by another FCT High Court judge, Justice S.C. Oriji. Justice Hassan referenced Section 35 of the Nigerian Constitution and provisions of the Administration of Criminal Justice Act (ACJA), stating that the EFCC’s detention complies with legal requirements for remand pending investigation.
Malami, through his counsel, Dr. Suliaman Hassan (SAN), had argued that his detention was illegal. In response, EFCC counsel, Chief J.S. Okutepa (SAN), affirmed that the agency lawfully obtained the remand order and is committed to adhering to statutory detention limits.
The judge ruled that granting the application would effectively require the court to act as an appellate body over a decision of a court of coordinate jurisdiction, which it lacks the authority to do.
Malami has been in EFCC custody since early December 2025 amid investigations into allegations including abuse of office, money laundering, and matters related to recovered assets, such as the Abacha loot. He was initially granted administrative bail on November 28 but was detained again on December 8 after failing to meet specified conditions, according to the EFCC.
Tensions escalated this week following raids by EFCC operatives on Malami’s offices and private residences in Abuja and Kebbi State on December 17. Malami’s media aide, Mohammed Doka, described the raids as “deeply alarming” and linked them to retaliation after Malami’s office publicly referenced Chapter Nine of the 2021 Justice Ayo Salami Judicial Commission of Inquiry Report.
Malami’s camp has demanded the recusal of EFCC Chairman, Ola Olukoyede, accusing him of bias, and called for the full public release of the Salami Report to promote transparency. The EFCC has confirmed that the searches were conducted under lawful warrants as part of the ongoing probe but has not issued a detailed response to the bias allegations.
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