Court dismisses Malami’s quest for bail from EFCC custody

Nkereuwem Effiong

Justice Babangida Hassan of the Federal Capital Territory (FCT) High Court, Abuja, has dismissed a summons for bail filed by former Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN, against the Economic and Financial Crimes Commission (EFCC).

The EFCC’s Head of Media and Publicity, Dele Oyewale, said Justice Hassan delivered the ruling on Thursday, December 18, 2025.

Malami, through his counsel, Dr Suliaman Hassan, SAN, had approached the court seeking bail from EFCC custody, arguing that his detention by the Commission amid an ongoing investigation was illegal.

However, counsel to the EFCC, Chief J.S. Okutepa, SAN, submitted that the Commission was holding the former minister pursuant to a valid remand order obtained from an FCT High Court presided over by Justice S.C. Oriji.

He further affirmed that the EFCC is a law-abiding agency and would not detain any suspect beyond the lawful period without an order of court.

In his ruling, Justice Hassan held, citing Section 35 of the Constitution, that since the Administration of Criminal Justice Act (ACJA) makes provision for detention, Malami was lawfully held based on the court’s remand order.

“Asking this court to grant this application is tantamount to inviting it to sit as an appellate court over a decision of a court of coordinate jurisdiction, which it has no power to do,” the judge ruled.