Court Throws Out Malami’s Bail Application, Backs EFCC Detention
- The FCT High Court has dismissed Abubakar Malami’s bail application and upheld his detention by the EFCC
- Justice Babangida Hassan ruled that Malami’s custody was backed by a valid remand order issued by a court of competent jurisdiction
- The court held that it lacked the power to review or overturn an order made by another High Court of equal standing
CHECK OUT: How to Start Earning with Copywriting in Just 7 Days – Even if You’re a Complete Beginner
The Federal Capital Territory High Court has refused a bid by Abubakar Malami, former attorney general of the federation and minister of justice, to secure bail from the custody of the Economic and Financial Crimes Commission.
The decision keeps in force a remand order earlier obtained by the anti-graft agency as it continues its investigation.
Source: Twitter
Delivering the ruling on Thursday, December 18, the presiding judge, Babangida Hassan, held that Malami’s detention was lawful.
The court found that the EFCC acted on the strength of a subsisting order issued by a court of competent jurisdiction, The Cable reported.
Malami, a senior advocate of Nigeria, had approached the court through his counsel, Sulaiman Hassan. The application claimed that the EFCC’s continued custody violated his constitutional right to personal liberty and was not supported by law.
Court backs existing remand order
The EFCC opposed the application. Its counsel, J.S. Okutepa, argued that the commission obtained a valid remand order from another FCT High Court. He told the court that the order was granted by S.C. Oriji in line with the Administration of Criminal Justice Act.
Okutepa maintained that the commission had complied strictly with the law. He said the EFCC would not detain any suspect beyond the period allowed by the court.
In resolving the dispute, Justice Hassan agreed with the EFCC’s position. He held that both the Constitution and the ACJA permit detention where a valid remand order exists. The court accepted that the order relied upon by the EFCC remained in force.
Source: Twitter
Judge cites limits of jurisdiction
The judge also faulted the procedure adopted by Malami’s legal team. He ruled that the application effectively asked one High Court to set aside the order of another court of equal status.
“Granting this application would amount to this court sitting as an appellate court over the decision of a court of coordinate jurisdiction,” Hassan held.
The ruling brings the bail challenge to an end for now, leaving the former justice minister in EFCC custody under the existing remand order.
EFCC declares former Buhari's minister wanted
Earlier, Legit.ng reported that the Economic and Financial Crimes Commission (EFCC) has declared Timipre Sylva a former Minister of State, Petroleum Resources, and former Governor of Bayelsa State, wanted. The EFCC said Sylva is wanted over an alleged case of conspiracy and dishonest conversion of $14,859,257.
According to the EFCC, the money is "part of funds injected by the Nigerian Content Development and Monitoring Board (NCDMB) into Atlantic International Refinery and Petrochemical Limited for the construction of a Refinery".
Source: Legit.ng
