Court dismisses Malami’s bail application against EFCC

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

Justice Babangida Hassan delivered the ruling on Thursday, December 18, 2025.

Malami, through his counsel, Dr. Suliaman Hassan, SAN, had approached the court seeking to be released from EFCC custody, contending that his detention in connection with an ongoing investigation was unlawful.

However, counsel to the EFCC, Chief J.S. Okutepa, SAN, opposed the application, arguing that the former minister was being lawfully detained based on a valid remand order issued by an FCT High Court presided over by Justice S. C. Oriji.

He further assured the court that the EFCC, as a law-abiding agency, would not detain any suspect beyond the period allowed by law without a court order.

In his ruling, Justice Hassan held that Malami’s detention was lawful, citing provisions of Section 35 of the 1999 Constitution and the Administration of Criminal Justice Act (ACJA), which allow for detention pursuant to a remand order.

The judge ruled that granting the application would amount to sitting as an appellate court over the decision of a court of coordinate jurisdiction, which he said the court lacked the power to do.