December 18, 2025 — Dalena Reporters
A Federal Capital Territory (FCT) High Court in Abuja on Thursday dismissed a bail application filed by Abubakar Malami, SAN, the immediate past Attorney-General of the Federation and Minister of Justice, who is currently being held in the custody of the Economic and Financial Crimes Commission (EFCC) pending ongoing investigations. The ruling means Malami will remain in detention as the anti-graft agency’s probe continues.
Malami’s legal team, led by Dr. Sulaiman Hassan, SAN, had approached the court seeking an order to compel the EFCC to release him on bail, arguing that his continued custody was unlawful and unconstitutional. They contended that his rights to personal liberty were being violated, asserting that his detention amid the active investigation should not supersede constitutional protections.
However, the EFCC, through counsel Chief J.S. Okutepa, SAN, opposed the bail bid, informing the court that the former minister’s detention was backed by a valid remand order previously obtained from another FCT High Court presided over by Justice S.C. Oriji. The agency emphasised that it would not detain any suspect beyond the constitutionally permitted timeframe without explicit judicial authorisation.
Presiding Justice Babangida Hassan agreed with the EFCC’s position, holding that Malami’s detention was lawful under Section 35 of the 1999 Constitution (as amended) and relevant provisions of the Administration of Criminal Justice Act (ACJA), which recognise lawful detention under a proper remand order. The judge also noted that granting the bail application would essentially require his court to overturn a decision by another court of coordinate jurisdiction a function beyond its authority.
Malami, a Senior Advocate of Nigeria, has been in EFCC custody since December 8, 2025, after initially being granted administrative bail by the anti-graft agency on November 28, 2025, when he first reported for questioning. The EFCC alleges he is under investigation for multiple accusations involving financial impropriety related to recovered assets, suspicious bank accounts, and links to terrorism financing allegations the former minister has denied, suggesting political motives behind the probe.
The court’s refusal to grant bail represents a significant legal setback for Malami, who had argued that his bail was arbitrarily revoked after attending a political rally in his home state of Kebbi a claim the EFCC denies, attributing the revocation to his failure to meet prescribed bail conditions.
With his bail bid rejected, Malami will remain in EFCC detention as proceedings in the probe continue. The case has drawn reactions from political parties and figures, some accusing the anti-graft agency of political bias allegations the EFCC has emphatically rejected, insisting its actions adhere strictly to legal and constitutional frameworks.