By Nkechi Eze
A Federal Capital Territory High Court sitting in Abuja has dismissed an application for bail filed by former Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN, against the Economic and Financial Crimes Commission.
Justice Babangida Hassan delivered the ruling on Thursday, December 18, 2025, holding that Malami’s continued detention by the EFCC was lawful, having been authorised by a valid remand order of a court of competent jurisdiction.
The decision was disclosed in an official statement signed by the Commission’s spokesperson, Dele Oyewale, who explained that the former minister had approached the court through his counsel, Dr. Suliaman Hassan, SAN, seeking to be released from EFCC custody. Malami’s legal team argued that his detention in the course of an ongoing investigation by the Commission was illegal and violated his constitutional rights.
In response, counsel to the EFCC, Chief J. S. Okutepa, SAN, firmly opposed the application, submitting that the Commission was acting strictly within the confines of the law. He informed the court that Malami was being held pursuant to a valid remand order issued by another FCT High Court presided over by Justice S. C. Oriji. Okutepa further emphasised that the EFCC is a law-abiding agency that would not detain any suspect beyond the period permitted by law without the express authority of the court.
While delivering his ruling, Justice Hassan relied on the provisions of Section 35 of the Constitution of the Federal Republic of Nigeria and relevant sections of the Administration of Criminal Justice Act, ACJA. He held that the law clearly provides for the detention of a suspect pursuant to a remand order and that, in the instant case, Malami’s detention was backed by such an order and was therefore lawful.
The judge stressed that the court could not accede to the former minister’s request without overstepping its jurisdiction. “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 this court has no power to do,” Justice Hassan ruled.
With this decision, the court effectively affirmed the legality of the EFCC’s actions and dismissed Malami’s application for bail, clearing the way for the Commission to continue its investigation in line with existing court orders and the provisions of the law.
