Lucky Obukohwo, Reporting
The Federal Capital Territory (FCT) High Court sitting in Abuja has rejected an application for bail filed by former Attorney-General of the Federation and Minister of Justice Abubakar Malami against the Economic and Financial Crimes Commission (EFCC).
Recall that on 11 November 2015, Abubakar was appointed as Minister for Justice and Attorney-General of the Federal Republic of Nigeria thus making him the youngest minister in Muhammadu Buhari’s cabinet.
Justice Babangida Hassan delivered the ruling on Thursday, holding that Mr Malami’s detention by the anti-graft agency was lawful and backed by a valid court order.
Mr Malami, through his counsel, Dr Sulaiman Hassan, SAN, had approached the court seeking bail from EFCC custody, arguing that his continued detention in the course of an ongoing investigation was illegal.
However, counsel to the EFCC, Chief J.S. Okutepa, SAN, told the court that the former minister was being held pursuant to a valid remand order issued by another FCT High Court presided over by Justice S.C. Oriji. Mr Okutepa further assured the court that the EFCC was a law-abiding institution and would not detain any suspect beyond the legally permitted period without judicial authorisation.
In his ruling, Justice Hassan referenced Section 35 of the 1999 Constitution (as amended) and the provisions of the Administration of Criminal Justice Act (ACJA), which allow for lawful detention under a remand order.
He held that Mr Malami’s detention was therefore legal.
The judge added that granting the application would amount to the court sitting as an appellate court over the decision of a court of coordinate jurisdiction, a move he said was not permissible under the law.
“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,” Justice Hassan ruled.
The application was accordingly dismissed.