A Federal Capital Territory (FCT) High Court has dismissed an application by Abubakar Malami, former Attorney-General of the Federation and Minister of Justice, seeking to be released from the custody of the Economic and Financial Crimes Commission (EFCC).
In a ruling delivered on Thursday, Justice Babangida Hassan held that Malami’s detention was lawful, stressing that it was carried out pursuant to a valid remand order issued by a court of competent jurisdiction.
Malami, a Senior Advocate of Nigeria, had approached the court through his counsel, Sulaiman Hassan, contending that his continued detention by the EFCC in the course of an ongoing investigation was illegal and constituted a violation of his constitutional right to personal liberty.
Opposing the application, EFCC counsel, J.S. Okutepa, told the court that the remand order was lawfully issued by Justice S.C. Oriji in line with the provisions of the Administration of Criminal Justice Act (ACJA). He maintained that the commission acted strictly within the law and would not detain any suspect beyond the period authorised by the court.
In his judgment, Justice Hassan agreed with the EFCC’s submissions, noting that both the Constitution of the Federal Republic of Nigeria and the ACJA clearly recognise detention based on a valid court-issued remand order.
The judge further ruled that Malami’s application was procedurally defective, as it effectively invited the court to review or set aside an order made by another court of coordinate jurisdiction.
“Granting this application would amount to this court sitting as an appellate court over the decision of a court of equal jurisdiction,” Justice Hassan held, adding that such an exercise was outside the court’s powers.
Malami is currently under investigation over 18 alleged offences, including money laundering, abuse of office and terrorism financing.
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