A Federal Capital Territory High Court in Abuja, on Thursday, rejected the bail application filed by former Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN), against the Economic and Financial Crimes Commission (EFCC).
The presiding judge, Justice Babangida Hassan, delivered the ruling after taking arguments from both the prosecution and defence on Malami’s bail application.
Malami’s counsel, Dr. Suliaman Hassan (SAN), prayed the court to grant him bail from EFCC custody.
Hassan argued that being held by the anti-graft agency during the ongoing investigation was illegal and unconstitutional.
But EFCC’s lawyer, Chief J.S. Okutepa (SAN), told the court that the Commission is holding the former minister based on a valid remand order.
Okutepa explained that another FCT High Court, led by Justice S. C. Oriji, had granted the remand order.
He added that the EFCC follows the law and would not keep any suspect longer than allowed without a court order., Justice Hassan held that Malami was lawfully detained, relying on the provisions of Section 35 of the Constitution and the Administration of Criminal Justice Act.
The judge pointed out that the ACJA allows for detention if a competent court issues a remand order.
“Asking this court to grant this application is tantamount to inviting the court to sit as an appellate court over an application made by a court of coordinate jurisdiction, which the court has no power to do,” Justice Hassan said.
He, therefore, dismissed Malami’s request for bail.