The Federal Capital Territory High Court sitting in Abuja has dismissed a summons for bail filed by a former Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN, against the Economic and Financial Crimes Commission (EFCC).
Justice Babangida Hassan delivered the ruling on Thursday, December 18, 2025.
Malami, through his counsel, Dr. Suliaman Hassan, SAN, had approached the court seeking bail from EFCC custody, contending that his detention by the anti-graft agency in the course of an ongoing investigation was unlawful.
Opposing the application, counsel to the EFCC, Chief J. S. Okutepa, SAN, informed the court that the former minister was being held pursuant to a valid remand order issued by an FCT High Court presided over by Justice S. C. Oriji. He maintained that the EFCC is a law-abiding agency and would not detain any suspect beyond the period permitted by law without a subsisting court order.
In his ruling, Justice Hassan held that the detention of Malami was lawful, relying on the provisions of Section 35 of the 1999 Constitution (as amended) and the Administration of Criminal Justice Act (ACJA), which empower the court to grant remand orders.
The judge further ruled that granting the application would amount to sitting on appeal over a decision of a court of coordinate jurisdiction, which he noted the court lacked the power to do.
Accordingly, the court dismissed the bail application, affirming the validity of the remand order under which Malami is currently in EFCC custody.
