Malami’s woes continue as court issues major ruling

The Federal Capital Territory High Court in Abuja has issued a major ruling affirming 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 declined Malami’s request for bail, holding that the anti-graft agency was acting within the law in keeping him in custody.

The ruling was disclosed in a statement released on Thursday by the EFCC spokesperson, Dele Oyewale.

According to the statement, Malami, through his lawyer, Mr Sulaiman Hassan (SAN), approached the court to contest his detention, arguing that it was unlawful since it stemmed from an ongoing investigation.

In response, counsel to the EFCC, Mr J.S. Okutepa (SAN), informed the court that the former minister was being detained based on 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.

The former Attorney-General is being investigated over 18 alleged offences, including abuse of office and terrorism financing.