The Federal Capital Territory High Court in Abuja has upheld the continued detention of a former Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN), by the Economic and Financial Crimes Commission.
Justice Babangida Hassan dismissed Malami’s application seeking bail from the custody of the anti-graft agency, ruling that his detention was lawful.
The decision was contained in a statement issued on Thursday by the EFCC’s spokesperson, Dele Oyewale.
According to the statement, Malami, through his counsel, Mr Sulaiman Hassan (SAN), had approached the court to challenge his detention by the EFCC, arguing that it was illegal as it arose from an ongoing investigation.
However, counsel for the EFCC, Mr J.S. Okutepa (SAN), told the court that the former minister was being held pursuant to a valid remand order issued by the FCT High Court and granted by Justice S. C. Oriji.
“In his ruling, Justice Hassan held, quoting Section 35 of the Constitution, 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.
“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,” Oyewale quoted the judge as saying.
Malami has been in EFCC custody since December 8, after he reportedly failed to meet the bail conditions set by the commission.
The PUNCH reports that the former Attorney-General is being investigated over 18 alleged offences, including abuse of office and terrorism financing.
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