iDeemlawfulThe Federal Capital Territory High Court in Abuja has affirmed 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.
Justice Babangida Hassan dismissed Malami’s application seeking bail from the custody of the anti-graft agency, holding that his detention complied with the law.
The ruling was disclosed in a statement issued on Thursday by the EFCC spokesperson, Dele Oyewale.
According to the statement, Malami, through his counsel, Mr Sulaiman Hassan (SAN), had approached the court to challenge his detention by the EFCC, contending that it was unlawful since it arose from an ongoing investigation.
However, counsel for the EFCC, Mr J.S. Okutepa (SAN), informed the court that the former minister was being detained 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.
Malami has remained in EFCC custody since December 8 after he reportedly failed to satisfy the bail conditions imposed by the commission.
He is currently under investigation over 18 alleged offences, including abuse of office and terrorism financing.