Justice Babangida Hassan of the Federal Capital Territory (FCT) High Court, Abuja, has dismissed a summons seeking bail filed by former Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN, against the Economic and Financial Crimes Commission (EFCC).
The ruling was delivered on Thursday, December 18, 2025.
Malami, through his counsel, Dr. Suliaman Hassan, SAN, had approached the court to secure his release from EFCC custody, contending that his detention in connection with an ongoing investigation by the anti-graft agency was unlawful.
However, counsel to the EFCC, Chief J.S. Okutepa, SAN, argued that the former minister was being held pursuant to a valid remand order issued by an FCT High Court and granted by Justice S. C. Oriji. He further maintained that the EFCC is a law-abiding institution that does not detain suspects beyond the legally permitted period without a court order.
In his ruling, Justice Hassan held—while citing Section 35 of the 1999 Constitution—that the Administration of Criminal Justice Act (ACJA) provides for the detention of suspects and that Malami’s continued custody was lawful, having been authorised by a remand order of a court of competent jurisdiction.
“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 this court has no power to do,” the judge ruled.
