The Federal Capital Territory High Court in Abuja has delivered a significant ruling, dismissing the bail application filed by former Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN. The court affirmed the legality of his ongoing detention by the Economic and Financial Crimes Commission.
Court Upholds Lawfulness of EFCC Custody
Presiding Judge, Justice Babangida Hassan, ruled on Thursday that Malami's detention is lawful. The court found that the anti-graft agency is acting on the strength of a subsisting remand order issued by a court of competent jurisdiction. Justice Hassan emphasized that the Constitution and the Administration of Criminal Justice Act permit detention where such a valid order exists.
The judge held that his court lacked the jurisdictional power to review or overturn an order made by another High Court of equal standing. This decision effectively keeps Malami in EFCC custody as the commission continues its investigation.
Legal Arguments from Both Sides
Malami, through his counsel Sulaiman Hassan, had approached the court seeking bail, arguing that his continued custody violated his constitutional right to personal liberty and was not supported by law.
However, the EFCC, represented by its counsel J.S. Okutepa, strongly opposed the application. Okutepa informed the court that the commission obtained a valid remand order from another FCT High Court, presided over by Justice S.C. Oriji, in strict compliance with the Administration of Criminal Justice Act.
Okutepa maintained that the EFCC would not detain any suspect beyond the period permitted by the court order. He urged the court to dismiss Malami's application, a position which Justice Hassan ultimately accepted.
Implications of the Ruling
This ruling represents a setback for the former justice minister's bid to secure temporary freedom while under investigation. It underscores the judicial support for the EFCC's procedural steps in obtaining remand orders for suspects.
The case highlights the legal complexities surrounding pre-trial detention and the balance between an individual's right to liberty and the state's investigative powers. The court's decision reinforces the principle that a properly obtained remand order from a court of competent jurisdiction provides a lawful basis for detention.
All eyes will now be on the EFCC to conclude its investigation within the timeframe stipulated by the remand order and for the next legal steps in the case involving the former attorney general.
