A High Court in Abuja has refused to grant bail to former Attorney‑General of the Federation Abubakar Malami, ordering that he remain in the custody of the Economic and Financial Crimes Commission as investigations into alleged financial misconduct intensify. The ruling, delivered on Wednesday, immediately triggered nationwide debate over the legal and political implications of detaining a former chief law officer of the country.
Justice Babangida Hassan, who presided over the matter, held that Malami’s detention was backed by a valid remand order issued by another judge of the same court. He ruled that his court could not override or review the decision of a judge of equal jurisdiction, effectively shutting down Malami’s attempt to regain temporary freedom.
Malami, who served as Attorney‑General under the previous administration, has been in EFCC custody for days over allegations of misappropriation of public funds, abuse of office, and questionable financial dealings linked to his time in government. His arrest has stirred political tension, especially in his home state of Kebbi, where he remains an influential figure.
Through his legal team, Malami argued that his detention violated his constitutional right to liberty and that the EFCC had no legal basis to continue holding him. His lawyers insisted that the commission was acting in bad faith and urged the court to order his immediate release pending the conclusion of investigations.
The EFCC countered that Malami’s detention was lawful, insisting that the remand order issued by Justice S.C. Oriji remained valid and enforceable. The commission maintained that it was acting within the limits of the Constitution and the Administration of Criminal Justice Act, which allow detention based on a court‑approved remand.
The court agreed with the EFCC’s position, stressing that Malami’s application was premature and procedurally defective. Justice Hassan noted that the proper step would be to challenge the remand order before the judge who issued it or at the appellate level, not through a parallel court.
The case has drawn intense public interest, with many Nigerians divided over whether Malami is being legitimately investigated or politically targeted. Critics argue that the former minister is now facing the same anti‑corruption machinery he once supervised, while supporters claim he is being humiliated for political reasons.
Malami had earlier demanded that EFCC Chairman Ola Olukoyede recuse himself from the investigation, alleging bias linked to past disagreements over the Ayo Salami Judicial Commission of Inquiry. The EFCC dismissed the claim, describing it as an attempt to derail ongoing investigations.
Legal analysts say the ruling signals a tougher stance by the judiciary on high‑profile corruption cases, especially those involving former government officials. They note that the decision may set a precedent for how courts handle bail applications from politically exposed persons facing serious allegations.
For now, Malami will remain in EFCC custody as investigators continue to examine financial records, contracts, and transactions linked to his tenure. His legal team is expected to file a fresh application or pursue an appeal, but the court’s decision has ensured that the former Attorney‑General’s legal troubles are far from over.
