The Federal Capital Territory High Court has dismissed a bail application filed by a former Attorney-General of the Federation and Minister of Justice, Abubakar Malami, seeking his release from the custody of the Economic and Financial Crimes Commission.
Delivering his ruling on Thursday, the presiding judge, Babangida Hassan, held that Malami’s detention by the anti-graft agency was lawful and supported by a valid court order.
Malami, a Senior Advocate of Nigeria, had approached the court through his counsel, Sulaiman Hassan, contending that his continued detention in the course of an investigation violated his constitutional right to personal liberty.
The EFCC opposed the application, arguing that the former justice minister was being held in line with a remand order earlier granted by another High Court of the FCT.
Counsel to the commission, J.S. Okutepa, told the court that the remand order was issued by Justice S.C. Oriji in accordance with the provisions of the Administration of Criminal Justice Act.
He added that the commission had acted within the law and would not keep any suspect in custody beyond the period authorised by the court.
In his decision, Justice Hassan agreed with the EFCC, noting that both the Constitution and the ACJA recognise detention founded on a valid remand order issued by a court of competent jurisdiction.
“Granting this application would amount to this court sitting as an appellate court over the decision of a court of coordinate jurisdiction,” Hassan held, adding that such a move was outside the powers of the court.