A Federal Capital Territory (FCT) High Court in Abuja on Thursday rejected a bail application filed by a former Attorney-General of the Federation and Minister of Justice, Abubakar Malami. The court ruled that Malami should remain in the custody of the Economic and Financial Crimes Commission (EFCC) as investigations against him continue.
The ruling was delivered by Justice Babangida Hassan, who held that Malami’s detention by the anti-graft agency was lawful and supported by a valid court order. According to the judge, the EFCC acted within the law in holding the former minister while probing serious allegations against him.
Malami had approached the court seeking to be released on bail from EFCC custody. In his application, he argued that his continued detention was unnecessary and violated his fundamental rights. He also maintained that he was ready to cooperate with investigators and did not pose any flight risk.
However, Justice Hassan disagreed with these arguments. In his ruling, the judge stated that the EFCC obtained proper authorization to detain Malami and that the court could not interfere with an ongoing investigation at this stage.
“The detention of the applicant is lawful and backed by a valid court order,” the judge said, adding that the application for bail lacked merit. He therefore dismissed the request and ordered that Malami remain in EFCC custody.
The EFCC is investigating Malami over allegations of money laundering and abuse of office. According to the anti-graft agency, the case is linked to the handling of recovered funds believed to be part of the Abacha loot.
The Abacha loot refers to billions of dollars allegedly stolen from Nigeria during the military regime of the late General Sani Abacha, who ruled the country from 1993 to 1998. Over the years, successive Nigerian governments have worked with foreign countries to trace, recover, and return these funds.
In this case, the EFCC is reportedly probing the whereabouts of an alleged $490 million linked to the Abacha loot. The funds were said to have been recovered through a Mutual Legal Assistance Treaty (MLAT) request by the immediate past administration.
Reports indicate that the EFCC invited Malami for questioning on November 28. The invitation was part of the agency’s investigation into the handling and management of recovered assets during his tenure as Attorney-General of the Federation.
Following his appearance at the EFCC, reports emerged that Malami’s international passport was seized. The seizure was said to be connected to concerns that he might travel out of the country while the investigation was ongoing.
Shortly after, the former minister was detained by the EFCC, a move that sparked public debate given his former position as the nation’s chief law officer. His detention has since drawn wide attention from legal experts, politicians, and civil society groups.
Malami has strongly denied all allegations leveled against him. In a statement released by his legal team, the former Attorney-General described the claims as “baseless, illogical and wholly devoid of substance.”
He insisted that he did not engage in any act of money laundering or abuse his office while serving as Minister of Justice. Malami further argued that the investigation was unfair and failed to take into account facts surrounding the recovery of the funds in question.
According to him, by the time he assumed office in 2015 as Nigeria’s Attorney-General, the recovery of the disputed funds had already been completed.
Malami stated that the recovery of the funds being investigated was handled by a Swiss lawyer, Mr. Enrico Monfrini, before he became Attorney-General. Monfrini has long been associated with Nigeria’s efforts to recover stolen assets traced to the Abacha era.
The former minister argued that since the funds had already been recovered before his tenure, it would be wrong to link him to any wrongdoing connected to the money. He said records and official documents would support his position if properly examined.
Despite these claims, the EFCC has maintained that there are issues surrounding the handling and final destination of the recovered funds, which require further investigation.
Nigeria’s efforts to recover stolen funds from the Abacha era span more than two decades. Billions of dollars were traced to bank accounts and assets in countries such as Switzerland, the United Kingdom, the United States, and others.
In recent years, recovered funds have been returned to Nigeria under strict agreements with foreign governments and international organizations. These agreements often require transparency and clear use of the funds, usually for social investment programmes and infrastructure projects.
The handling of recovered assets has remained a sensitive issue in Nigeria. Civil society groups have repeatedly called for accountability and openness to ensure the funds benefit ordinary citizens.
The EFCC is Nigeria’s leading anti-corruption agency, tasked with investigating and prosecuting cases of financial crimes, including money laundering, fraud, and corruption. Over the years, the agency has investigated several high-profile former public officials.
The detention of a former Attorney-General by the EFCC is seen by many as a significant development in the country’s anti-corruption efforts. Supporters of the move argue that no one should be above the law, regardless of past position or influence.
However, others have urged the EFCC to ensure that due process is followed and that investigations are conducted fairly and transparently.
With the court’s decision, Malami will remain in EFCC custody as investigations continue. It is expected that the anti-graft agency may either file formal charges against him or release him once investigations are concluded.
