By Onyeanya Immaculata
A Federal Capital Territory High Court has dismissed an application seeking the release of former Attorney-General of the Federation and Minister of Justice, Abubakar Malami, from the custody of the Economic and Financial Crimes Commission (EFCC).
In a ruling delivered on Tuesday, the court held that Malami failed to establish that his detention was illegal or unconstitutional, describing the application as lacking merit.
Malami, who has been in EFCC custody for about 10 days, is under investigation over alleged financial impropriety involving recovered funds and suspected links to terrorist financing.
Although he was earlier granted administrative bail on November 28, he was re-arrested on December 8 after honouring an invitation for further interrogation.
Malami claimed his bail was arbitrarily revoked following his attendance at a political rally in Kebbi State, a claim the EFCC denied, insisting he failed to meet bail conditions.
In his suit, filed through his counsel, Dr. Sulaiman Hassan (SAN), Malami sought enforcement of his fundamental human rights, arguing that his continued detention was unlawful.
However, the EFCC, represented by Chief Jubrin Okutepa (SAN), told the court that Malami’s detention was backed by a valid court order issued by Justice Sylvanus Oriji of a court of coordinate jurisdiction.
Justice Babangida Hassan ruled that granting the reliefs sought would amount to the court sitting on appeal over a court of equal jurisdiction, which it lacked the powers to do.
Malami has denied the allegations, describing the investigation as politically motivated.
