Court Rejects Malami’s Bail Request, Upholds EFCC Detention
The Federal Capital Territory (FCT) High Court in Abuja has refused a bail application filed by former Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN, challenging his detention by the Economic and Financial Crimes Commission (EFCC).
The ruling was delivered on Thursday, December 18, 2025, by Justice Babangida Hassan.
Malami, through his lawyer, Dr. Suliaman Hassan, SAN, had urged the court to order his release from EFCC custody, arguing that his detention in connection with an ongoing investigation was illegal.
Opposing the application, EFCC counsel, Chief J.S. Okutepa, SAN, told the court that Malami was being lawfully held under a valid remand order issued by another FCT High Court presided over by Justice S. C. Oriji.
He also assured the court that the anti-graft agency would not keep any suspect in custody beyond the period permitted by law without judicial authorization.
In his decision, Justice Hassan held that the detention was lawful, relying on Section 35 of the 1999 Constitution and provisions of the Administration of Criminal Justice Act (ACJA), which permit detention based on a subsisting remand order.
The judge further ruled that granting Malami’s application would amount to reviewing the decision of a court of coordinate jurisdiction, an action he said was beyond the powers of his court.
