An FCT High Court sitting in Abuja has dismissed an application seeking the release of former Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN, from the custody of the Economic and Financial Crimes Commission (EFCC).
Justice Babangida Hassan delivered the ruling on Thursday, December 18, 2025, holding that Malami’s detention by the anti-graft agency was lawful.
Malami, through his counsel, Dr. Sulaiman Hassan, SAN, had approached the court to secure bail, arguing that his continued detention by the EFCC amid an ongoing investigation was illegal.
However, counsel to the EFCC, Chief J.S. Okutepa, SAN, countered that the former minister was being held pursuant to 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 operates within the confines of the law and would not detain any suspect beyond the legally permitted period without a court order.
In his decision, Justice Hassan referenced Section 35 of the 1999 Constitution and provisions of the Administration of Criminal Justice Act (ACJA), noting that the law permits detention under a subsisting remand order. He ruled that Malami’s detention was therefore lawful.
The judge added that granting the application would amount to sitting on appeal over the decision of a court of coordinate jurisdiction, which the court lacked the power to do. As a result, the bail application was dismissed.
