Former Nigeria Attorney-General remain in custody after losing bail request

Former Attorney-General of the Federal Republic of Nigeria, Abubakar Malami has failed in his attempt to secure bail, leaving him in continued detention by Nigeria’s Economic and Financial Crimes Commission (EFCC).

The Federal Capital Territory High Court in Abuja on Thursday dismissed Mr Malami’s application for bail, ruling that his detention by the EFCC is lawful and supported by a valid court order.

The decision followed arguments from both parties over the legality of his custody, which has lasted since December 8.

Delivering the ruling, Justice Babangida Hassan held that Mr Malami’s detention complied with Section 35 of the Nigerian Constitution and was authorised by a remand order earlier granted by another judge of the same court.

He explained that granting the application would amount to reviewing the decision of a court of coordinate jurisdiction, which he said was outside his powers.

“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,” the judge stated.

Mr Malami, who served as Attorney-General and Minister of Justice between 2015 and 2023 under former President Muhammadu Buhari, has been held for about 10 days over corruption-related investigations.

His bail request was filed by his lawyer, Suliaman Hassan, a Senior Advocate of Nigeria, who argued that the former minister’s continued detention was illegal.

However, the EFCC, represented by another SAN, Jibrin Okutepa, maintained that the former minister was being held under a lawful remand order issued by Justice Sylvanus Oriji of the FCT High Court.

Mr Okutepa said the commission had acted within the law and would not detain any suspect without judicial backing.

Justice Hassan agreed with the EFCC’s position, noting that the Administration of Criminal Justice Act 2015 allows investigating agencies to seek detention orders to facilitate ongoing investigations. The court did not disclose the duration of the remand order.

The ruling has brought clarity to weeks of controversy surrounding Mr Malami’s detention. The former minister had earlier claimed that the probe against him was politically motivated and that he was unjustly denied bail.

The EFCC has rejected those claims, insisting that Mr Malami was initially granted administrative bail on November 28 after a brief interrogation.

According to the commission, the bail was conditional and temporary, pending the completion of investigations and possible arraignment.

“Administrative bail is a discretionary temporary reprieve that allows a suspect to be released on stated conditions,” EFCC spokesperson Dele Oyewale said, adding that Mr Malami failed to meet any of the five conditions attached to his release.

The commission said Mr Malami was invited again on December 8 for further questioning and was detained after failing to comply with the bail terms. It also dismissed claims that his bail was revoked or that he was restricted from media or political activities.

Mr Malami is being investigated over allegations including the alleged duplication of expenses linked to the recovery of assets associated with late former military ruler Sani Abacha. Investigators are also examining several bank accounts and reported multi-billion-naira investments connected to him in Kebbi State.

The former minister, a founding member of the All Progressives Congress who recently declared interest in the 2027 Kebbi governorship race under the African Democratic Congress, has linked his detention to political developments.

The EFCC has denied any political motive, insisting that all suspects are treated equally regardless of affiliation.