Abuja, Nigeria – A major legal and political controversy has erupted as former Attorney-General of the Federation, Abubakar Malami (SAN), has launched a scathing attack on the Economic and Financial Crimes Commission (EFCC). Malami accuses the anti-graft agency of engaging in "brazen, contemptuous, and lawless conduct" for refusing to release him from custody despite a court order granting him bail.
Court Order Defied, Detention Continues
The crisis stems from a ruling by the High Court of the Federal Capital Territory (FCT), Abuja Judicial Division. On Tuesday, December 23, 2025, Justice Bello Kawu reportedly granted interim bail to Malami in a case brought by the EFCC. The bail conditions were set to mirror terms previously considered by the commission itself, including the surrender of Malami's international passport and the provision of two sureties.
However, in a statement signed by his Special Assistant on Media, Mohammed Bello Doka, Malami lamented that the EFCC has flatly refused to comply with the judicial directive. According to the statement, EFCC officials chased away the court bailiff who attempted to serve the order and insisted on continuing to hold the former minister.
Malami's Strong Condemnation of EFCC Actions
Malami's statement did not mince words, describing the agency's actions as a dangerous overreach. "This conduct represents nothing short of institutional lawlessness," the statement read. It further accused the EFCC of "elevating itself above the courts" and treating binding judicial orders with "open disdain."
The former Attorney-General, who served under ex-President Muhammadu Buhari, highlighted another critical issue. He pointed out that the EFCC had detained him for over fourteen days without arraignment. A separate court order permitting his initial detention for a maximum of 14 days expired on Wednesday, December 24, the same day he issued the statement. Malami condemned this prolonged detention without charge as illegal, unconstitutional, and a gross violation of his fundamental human rights.
Broader Political and Legal Implications
This standoff places a spotlight on the operational independence of Nigeria's anti-corruption agencies and their relationship with the judiciary. Malami, who is also a governorship aspirant for the 2027 election in Kebbi State, framed the issue as one of rule of law versus institutional impunity.
The development occurs amidst a backdrop of high-profile investigations into former officials of the Buhari administration. It also follows a recent clarification from the Presidency, where spokesperson Bayo Onanuga stated that President Bola Tinubu does not direct the EFCC on who to investigate or prosecute, dismissing claims of the agency's "weaponisation."
The situation remains tense as Malami's legal team and the EFCC are locked in a stalemate. The failure to obey a clear court order raises significant questions about due process and could trigger further legal actions against the commission for contempt.
