The Office of Abubakar Malami, SAN, has raised the alarm, accusing two major state security agencies—the Economic and Financial Crimes Commission (EFCC) and the Department of State Services (DSS)—of a coordinated effort to undermine court authority and cripple his constitutional right to a legal defence.
In a press statement signed by his Special Assistant on Media, Mohammed Bello Doka, the former Attorney-General detailed a sequence of events he describes as a deliberate pattern to frustrate due process following charges filed by the EFCC.
The controversy stems from the aftermath of a Federal High Court granting Malami bail. According to the statement, the EFCC caused an unnecessary week-long delay in submitting his international passports to the court, a key condition for perfecting the bail. This delay is alleged to have prolonged his detention unlawfully.
The situation escalated immediately upon Malami’s release from the Kuje Custodial Centre after perfecting his bail. He was promptly rearrested by operatives of the DSS.
Malami’s office states that he was then held in DSS detention for five days under conditions that severely violated his fundamental rights. During this period, he was denied access to both his family and, critically, his team of lawyers.
This isolation occurred at a pivotal moment, as Malami was required to prepare and open his defence in an ongoing EFCC interim forfeiture proceeding before the Federal High Court. The denial of access to counsel, the statement argues, directly impaired his ability to consult on the case, prepare necessary filings, and give instructions—effectively sabotaging his legal preparedness.
A Pattern of Violation Alleged
The press release described these actions as part of a dangerous and unconstitutional pattern. “This sequence of events clearly suggests a pattern where arrest precedes investigation, with evidence sought after detention,” the statement reads.
It expressed deep concern that the DSS “appears to be adopting a similar practice of arrest, detention, and then evidence gathering.”
The core of the allegation is that the actions of the EFCC and DSS, taken together, neutralize the authority of the judiciary. “The Office stresses that bail granted by a court must have meaning. No agency should be permitted to neutralise judicial orders through coordinated delays, rearrests, or denial of access to legal representation,” it stated, warning that such actions “undermine the authority of the courts and pose a serious threat to fundamental human rights.”
While asserting that Mr. Malami remains ready to defend himself fully in court in accordance with the law, the statement concluded with a call for all state institutions to respect court orders and constitutional guarantee
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