By Harriet Tornguvan
Lawyers representing former Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN, have accused the Economic and Financial Crimes Commission (EFCC) of unlawful detention, oppressive bail practices, and persistent violations of constitutional safeguards.
In a statement issued by the special Assistant on Media to the office of Abubakar Malami, SAN
Former Attorney-General of the Federation and Minister of Justice Mohammed Bello Doka, Malami’s team described his continued detention by the anti-graft agency as “unlawful, unsupported by disclosed allegations, and a violation of fundamental rights.
According to the statement, Malami had honoured all EFCC invitations in relation to undisclosed investigative activities. After receiving an invitation letter dated 24 November 2025, he reportedly attended sessions on 28 November, 1 December, 3 December, and 8 December, answering all questions put to him.
The former minister was granted administrative bail on 29 November after over 15 hours of questioning, during which his international passport was seized. His team noted that this removed any basis for claims of possible flight risk.
Despite the subsisting bail, Malami was again detained on 8 December when he returned for another interview at the EFCC headquarters.
The statement further disclosed that although references were made to alleged money laundering and abuse of office related to the Abacha loot during the bail process, no formal allegations, petitions, investigation reports, or charges were presented or served on Malami.
“To date, no offence known to law has been communicated to him, undermining the principles of fair hearing and due process,” the statement read.
Additionally, Malami’s team described the new bail conditions imposed on 8 December requiring two permanent secretaries who own landed property in Abuja as “deliberately oppressive and designed to frustrate his release.”
However, the lawyers maintained that his detention beyond 24 hours without a court order, formal charge, or allegation of a capital offence is unlawful.
“This prolonged detention without lawful justification constitutes a clear violation of his constitutional rights,” they said.
The office also accused the EFCC of orchestrating what it described as a “media trial,” citing coordinated reports published between 29 November and 1 December that they claim were aimed at prejudicing the public against the former minister.
Malami’s legal team has approached the High Court under Section 32 of the ACJA, seeking an order compelling the EFCC to produce him for inquiry into the circumstances of his detention. They are also asking the court to grant him bail on liberal terms pending the conclusion of investigations or any possible arraignment.
“The EFCC’s actions amount to targeted persecution and disregard for constitutional protections,” the statement concluded, expressing confidence that the judiciary will restore his rights.
