Former Minister of Justice and Attorney-General of the Federation, Abubakar Malami (SAN), has publicly accused the Department of State Services (DSS) of engaging in actions that he claims are deliberately designed to frustrate his constitutional right to a fair hearing and an effective legal defence. In a strongly worded statement released by his media office, Malami detailed a series of events that he asserts highlight a troubling pattern of disregard for due process and judicial authority.
Allegations of Denied Legal Access and Procedural Violations
Through a statement signed by his Special Assistant on Media, Mohammed Bello Doka, Malami emphasized that the continuous denial of access to his legal representatives has severely impaired his ability to consult with counsel, prepare necessary court filings, and provide clear instructions to his defence team. He described the DSS's conduct as a clear and intentional frustration of established legal procedures, undermining the very foundations of justice in Nigeria.
"This sequence of events clearly suggests a pattern where arrest precedes investigation, with evidence sought after detention, an approach that is a blatant violation of the rule of law and constitutionally guaranteed rights," the statement declared. "It is deeply troubling that the DSS appears to be adopting a similar practice of arrest, detention, and then evidence gathering."
Issues with Bail Perfection and Subsequent Rearrest
Malami recalled that after the Economic and Financial Crimes Commission (EFCC) filed charges against him, the Federal High Court granted him bail. However, he alleged that the EFCC unnecessarily delayed submitting his international passports to the court for approximately one week, despite these documents being a critical condition for perfecting his bail. According to Malami, this delay prolonged his detention unlawfully and obstructed the execution of a valid court order, raising questions about inter-agency coordination and respect for judicial directives.
Immediately after Malami eventually perfected his bail and was released from the Kuje Custodial Centre, he was rearrested by the DSS, the statement noted. He was then detained for five days without any access to his lawyers or family members, and was only permitted to meet his legal team on a Friday after what he described as prolonged isolation, deliberate delays, and grave violations of his fundamental human rights.
Impact on Legal Proceedings and Call for Institutional Respect
The statement further highlighted that this detention occurred at a critical juncture when Malami was required to prepare and open his defence in an EFCC interim forfeiture proceeding before the Federal High Court. It stressed that bail granted by a competent court must be respected by all state agencies, and no institution should be allowed to neutralize judicial orders through coordinated tactics such as delays, rearrests, or denial of legal representation.
"Such actions undermine the authority of the courts and pose a serious threat to fundamental human rights," it asserted, calling for greater adherence to legal norms. Malami reaffirmed his readiness to defend himself in court, stating, "Mr. Malami remains ready to defend himself fully in court and in accordance with the law, and calls on all state institutions to respect court orders, constitutional guarantees, and the rule of law."
This case brings to the forefront ongoing concerns about the balance between security operations and individual rights in Nigeria, particularly involving high-profile figures and multiple law enforcement agencies.
