18th December, 2025.
An Abuja Federal Capital Territory High Court has rejected an application by former Attorney-General of the Federation, Abubakar Malami (SAN), seeking his release from the custody of the Economic and Financial Crimes Commission.
Justice Babangida Hassan, who delivered the ruling on Thursday, declared that the detention of the former justice minister was in compliance with the law.
Malami’s legal team, led by Dr. Sulaiman Hassan (SAN), had filed an application challenging the lawfulness of his continued detention during the ongoing investigation. His lawyers contended that keeping him in custody while investigations continue violated constitutional provisions.
However, EFCC’s counsel, Chief J.S. Okutepa (SAN), informed the court that the anti-graft agency was acting on a valid remand order obtained from Justice S.C. Oriji of the same High Court. He emphasized that the commission would not hold any suspect beyond the legally stipulated period without proper court authorization.
In his judgment, Justice Hassan referenced Section 35 of the 1999 Constitution alongside provisions in the Administration of Criminal Justice Act (ACJA), noting that detention is permissible under a subsisting remand order. He ruled that approving Malami’s application would effectively mean the court was acting as an appellate body over a decision made by another High Court of equal jurisdiction, a power it does not possess.
“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,” the judge stated, according to EFCC spokesperson Dele Oyewale.
Malami has remained in EFCC custody since December 8, following his failure to fulfill five administrative bail conditions granted to him after initial questioning on November 28. The commission maintains that the former minister has neither met any of the requirements nor demonstrated willingness to comply with them.
The former attorney-general, who served throughout former President Muhammadu Buhari’s administration from 2015 to 2023, is under investigation for 18 alleged offences including abuse of office, money laundering, and terrorism financing.