Setback For Ex-Justice Minister As Court Dismisses Malami’s Bail Plea

A High Court of the Federal Capital Territory in Abuja has rejected the bail application filed by former Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN), in his case against the Economic and Financial Crimes Commission (EFCC).

Justice Babangida Hassan delivered the ruling on Thursday, December 18, 2025.

Malami, represented by his lawyer, Dr. Suliaman Hassan (SAN), had asked the court to grant him bail, contending that his detention by the anti-graft agency in relation to an ongoing investigation was unlawful and violated his constitutional rights.

Opposing the application, EFCC counsel, Chief J.S. Okutepa (SAN), informed the court that Malami was being held in line with a valid remand order issued by another FCT High Court, presided over by Justice S. C. Oriji.

Okutepa maintained that the EFCC operates within the law and would not detain any individual beyond the legally permitted period without a court order.

In his judgment, Justice Hassan ruled that Malami’s detention was lawful, citing Section 35 of the Constitution and the provisions of the Administration of Criminal Justice Act (ACJA). He noted that the ACJA expressly allows detention based on a remand order granted by a court of competent jurisdiction.

The judge added that granting Malami’s request would amount to the court sitting on appeal over the decision of a court of equal jurisdiction, which it is not empowered to do