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A Federal Capital Territory High Court sitting in Abuja, on Thursday, dismissed a bail application filed by former Attorney-General and Minister of Justice, Abubakar Malami, for his release from the custody of the Economic and Financial Crimes Commission (EFCC).
Justice Babangida Hassan said he could not grant the bail application because the court of coordinate jurisdiction granted the EFCC a remand order to detain the former AGF for further investigations.
Malami, a leading figure in the opposition coalition, and aspirant for the governorship election in Kebbi State, had been in the EFCC’s custody since last week Monday over alleged misappropriation of funds.
Malami, who applied for the bail through his counsel, Sulaiman Hassan, a Senior Advocate of Nigeria, had approached the court seeking bail from the custody of the EFCC.
The former AGF, argued that his detention by the Commission in its ongoing investigation, was illegal.
However, counsel for the EFCC, Jibrin Okutepa, also a Senior Advocate of Nigeria, submitted that the EFCC was holding the former minister through a valid remand order obtained at an FCT High Court granted by Justice S. C Oriji.
He equally affirmed that the EFCC was a law-abiding commission that would not detain a suspect beyond the lawful period without an order of the court.
In his ruling, Justice Hassan, while quoting Section 35 of the Constitution, said “since there was a provision in the Administration of Criminal Justice Act, ACJA, for detention, Malami was lawfully detained by the Remand Order of the court.
“Asking this court to grant this application is tantamount to inviting the court to sit as an appellate court over an application made by a court of coordinate jurisdiction which the court has no power to do,” he held.
