Former Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN), has issued a second formal statement in two days, directly accusing the Chairman of the Economic and Financial Crimes Commission (EFCC) of conducting a “retaliatory persecution” against him.
He has now formally and publicly demanded the chairman’s immediate recusal from all related investigations.
The latest salvo from Malami’s office, released on Wednesday, again described the ongoing investigation on him as not a routine legal scrutiny but as a deeply personal vendetta. It draws a direct line from a contentious chapter of the Justice Ayo Salami Judicial Commission of Inquiry report to the current EFCC probe, alleging that the commission’s actions are tainted by historical animosity and a desire to settle scores.
Malami cited Chapter 9 of the Salami Report. The commission was established during Malami’s tenure to investigate allegations of corruption within the EFCC itself. The current EFCC chairman, then serving as the commission’s secretary, was part of a process that examined the conduct of senior EFCC officials. Malami’s statement posits that this history has created an irreconcilable conflict of interest.
“Viewed against this background, the present actions of the EFCC cannot reasonably be interpreted as neutral law enforcement,” the statement asserted. “They amount to retaliatory persecution driven by historical animosity and personal vendetta.”
The statement, issued by Malami’s Special Assistant on Media, Mohammed Bello Doka, adopts a tone of legalistic grievance, citing constitutional breaches and established principles of judicial conduct. It argues that the law on recusal is “settled,” hinging on the “reasonable apprehension of bias” rather than requiring proof of actual malice.
“Any reasonable observer, properly apprised of the facts surrounding Chapter 9 of the Salami Report, would conclude that Abubakar Malami, SAN, cannot receive an impartial investigation or prosecution under the present leadership of the EFCC,” the statement read.
Beyond the recusal demand, Malami’s office levied serious accusations of procedural abuse against the EFCC. The statement catalogued what it described as “grave violations,” including infringements on the constitutional rights to personal liberty and fair hearing, coupled with a “sustained trial by media.”
This “trial by media,” the statement claimed, is conducted through “selective leaks and public commentary designed to secure public condemnation before judicial determination.” This approach, it warned, undermines not only Malami’s rights but also “the credibility and integrity of Nigeria’s anti-corruption institutions.”
The narrative constructed by Malami’s team portrays a concerning shift in the EFCC’s mandate. It alleges a pattern of behaviour moving “from institutional accountability to the settlement of personal scores and grievances under the guise of law enforcement.”
Specific tactics highlighted include persistent media commentary, restrictions on liberty without timely arraignment, and an alleged attempt to “criminalise lawful policy decisions” rather than identify specific criminal offences.
In response to these allegations, Malami’s office laid out a clear three-point demand. First, and foremost, is the “immediate recusal of the EFCC Chairman from all matters relating to Abubakar Malami, SAN.” Second, it calls for the intervention of the incumbent Attorney-General of the Federation to transfer the matter to a “neutral and independent investigative authority.” Finally, it demands the “prompt institution of charges, if any, before a competent court of law,” where it insists the process should be governed by evidence, not vendetta.
The former minister’s position maintains a veneer of cooperation with due process. The statement concludes by describing the standoff not as a personal spat but as a “constitutional issue” with implications for the rule of law itself.
“If the EFCC is allowed to function as an instrument for the settlement of personal scores and grievances, then the rule of law itself is imperilled,” the statement cautioned. “Abubakar Malami, SAN, will continue to insist on justice according to law and due process, not persecution by power.”
The EFCC is yet to issue a formal public response to this latest and most direct challenge from the former attorney-general.
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