Abuja – December 18, 2025
A Federal Capital Territory High Court has dismissed the bail application of former Attorney-General of the Federation, Abubakar Malami (SAN), with the presiding judge declaring he lacks the authority to review an order issued by a court of equal jurisdiction.
Justice Babangida Hassan ruled on Thursday that Malami’s ongoing detention by the Economic and Financial Crimes Commission (EFCC) is lawful, as it is backed by a valid remand order granted by another FCT High Court judge, Justice S. C. Oriji.
“Asking this court to grant this application is tantamount to inviting the court to sit as an appellate court over an order made by a court of coordinate jurisdiction, which the court has no power to do,” Justice Hassan stated in his ruling.
Malami, through his counsel Dr. Sulaiman Hassan (SAN), had argued that his detention in connection with an EFCC investigation was illegal and sought release. However, EFCC’s lawyer, Chief J.S. Okutepa (SAN), maintained that the commission was acting under a lawful remand order and complies with judicial directives.
The judge further anchored his decision on Section 35 of the Constitution and provisions of the Administration of Criminal Justice Act (ACJA), which permit lawful detention under a valid court order.
The ruling means the former minister will remain in EFCC custody, pending further legal steps or the expiration of the existing remand order.
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