Court denies bail for Abubakar Malami, Former Attorney General

The legal battle for the freedom of former Attorney-General of the Federation (AGF) and Minister of Justice, Abubakar Malami, on Thursday, December 18, takes a new turn, when a Federal High Court in Abuja dismissed his bail application, ruling that his current detention by the Economic and Financial Crimes Commission (EFCC)  is backed by a valid judicial order.
‎
‎Abubakar Malami, a leading 2027 governorship aspirant for Kebbi State, has been in EFCC custody since Monday, December 8. The EFCC is investigating him over allegations of misappropriation of public funds during his eight-year tenure as the nation’s chief law officer.
‎
‎The investigation took another turn last week when EFCC officials raided Malami’s private residences in both Kebbi and Abuja, reportedly recovering documents and assets.
‎
‎Malami’s legal team had approached the court to declare his detention illegal, stating that it is a politically motivated attempt to stifle his governorship ambitions.
‎
‎The EFCC’s lead counsel, Jibrin Okutepa (SAN), argued that the commission is not acting arbitrarily. They are currently holding Malami under a legal remand order granted by Justice S.C. Oriji of the FCT High Court.
‎
‎Justice Babangida Hassan ruled that he could not overrule a fellow judge of the same level. He stated that granting Malami bail would be tantamount to sitting as an appellate court over a court of jurisdiction, which is legally impermissible.
‎
‎The judge made reference to Section 35 of the Constitution and the Administration of Criminal Justice Act (ACJA), stating that Malami’s detention is lawful as long as the remand order remains in effect for the duration of the investigation.
‎
‎Malami will remain in the EFCC’s facility in Abuja while the commission continues its probe into the alleged financial infractions.