Justice Babangida Hassan of the Federal Capital Territory (FCT) High Court, Abuja, on Thursday dismissed an application for bail filed by former Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN, who is currently in the custody of the Economic and Financial Crimes Commission (EFCC).
Malami had approached the court through his counsel, Dr. Suliaman Hassan, SAN, seeking to be admitted to bail, contending that his detention by the EFCC in the course of an ongoing investigation was unlawful.
Opposing the application, counsel to the EFCC, Chief J. S. Okutepa, SAN, informed the court that the anti-graft agency was acting pursuant to a valid Remand Order issued by another FCT High Court presided over by Justice S. C. Oriji.
He maintained that the EFCC is a law-abiding institution and would not detain any suspect beyond the period permitted by law without a subsisting court order.
In his ruling, Justice Hassan held that Malami’s detention was lawful, having been sanctioned by a valid remand order in line with the provisions of the Administration of Criminal Justice Act (ACJA).
Relying on Section 35 of the 1999 Constitution (as amended), the judge noted that the law permits detention where authorized by a competent court.
Justice Hassan further ruled that granting the application would amount to sitting on appeal over the decision of a court of coordinate jurisdiction, which the court lacked the power to do.
“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 stated.
