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The Office of the Former Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN, issues this statement in direct response to the press release by the Economic and Financial Crimes Commission (EFCC) concerning his detention and bail status.
At the outset, we reiterate that Abubakar Malami, SAN is a law-abiding citizen who has shown restraint, cooperation, and respect for constituted authority throughout this process. He has no intention of evading investigation and remains fully committed to complying with all lawful requirements.
Readiness to Perfect Bail Conditions—But No Opportunity Given
Contrary to impressions created by the EFCC’s statement, Malami did not refuse nor abandon bail conditions. Upon being informed of the new requirements, he expressly indicated his readiness to comply fully.
However, he was not allowed the opportunity to perfect those conditions before being detained. It is therefore inaccurate to portray this situation as non-compliance when the suspect was denied reasonable time and access to fulfill the conditions imposed.
Oppressive Bail Requirement Raises Legitimate Questions
Among the new bail conditions imposed by the EFCC was a requirement that Malami provide two serving permanent secretaries with landed properties in Abuja as sureties.
This condition raises serious and legitimate concerns.
Permanent secretaries are appointed by the same Federal Government under which the EFCC operates and which is presently prosecuting this matter. Expecting senior civil servants—appointed by the same authority driving the prosecution—to stand as sureties places them in an inherently conflicted and precarious position.
The question that naturally arises is whether such a condition was realistically intended to be met, or deliberately structured to frustrate bail and prolong detention.
No Formal Charge Disclosed
While the EFCC’s statement explains the concept of administrative bail at length, it remains silent on a fundamental issue: no specific offence has been formally communicated to Malami.
To date, he has not been served with:
any petition, any investigation report, or any charge sheet detailing an offence known to law.
This absence continues to raise serious due-process concerns.
Administrative Bail Must Not Become Punitive
Administrative bail is meant to be a temporary and facilitative measure pending investigation and arraignment. It must not be converted into a mechanism for indefinite detention or punishment without trial.
Where a suspect openly expresses willingness to comply with bail terms, continued detention without arraignment or court supervision undermines constitutional safeguards.
Clarification on Political Allegations
We note the EFCC’s assertion that it is apolitical. We do not dispute this position.
Our concern has always been factual and limited to the sequence of events surrounding the revocation of bail and the timing of subsequent detention. Lawful political participation remains a constitutionally protected right and should not be misconstrued as interference with investigation.
On Media Engagement
Our engagement with the media has been measured and responsible, aimed solely at correcting misinformation and clarifying facts already placed in the public domain. Silence in the face of misleading narratives would amount to tacit acceptance of falsehood.
Commitment to Cooperation and the Rule of Law
Abubakar Malami, SAN reiterates his commitment to:
perfect bail conditions once reasonably allowed to do so, cooperate fully with investigators
