A Federal Capital Territory High Court in Abuja has dismissed a bail application filed by former Attorney-General and Minister of Justice, Abubakar Malami, seeking his release from the custody of the Economic and Financial Crimes Commission (EFCC).
In his ruling on Thursday, Justice Babangida Hassan stated that he could not approve the request because a court of coordinate jurisdiction had already granted the EFCC a “remand order to detain the former AGF for further investigations.”
Malami, who is a prominent figure in the opposition coalition and a governorship aspirant in Kebbi State, has been detained since last Monday over allegations involving the “misappropriation of funds.”
Through his lawyer, Sulaiman Hassan (SAN), the former AGF had approached the court to challenge his detention, arguing that his detention by the Commission in its ongoing investigation, was illegal.
However, the EFCC’s lead counsel, Jibrin Okutepa (SAN), countered this by presenting evidence that the commission was acting under a valid remand order obtained at an FCT High Court granted by Justice S. C Oriji.
He further insisted that the EFCC is a “law-abiding commission that would not detain a suspect beyond the lawful period without an order of the court.”
Justice Hassan agreed with the prosecution, referencing Section 35 of the Constitution and the Administration of Criminal Justice Act (ACJA).
He ruled that since there was a provision in the Administration of Criminal Justice Act, ACJA, for detention, Malami was lawfully detained by the Remand Order of the court.
The judge concluded that he lacked the authority to overturn the decision of a fellow judge, stating:“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.”
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