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Abubakar Malami
Justice Babangida Hassan delivered the ruling on Thursday, December 18, holding that Mr Malami’s detention by the anti-graft agency was lawful and backed by a valid court order.
Mr Malami, through his counsel, Dr Sulaiman Hassan, SAN, had approached the court seeking bail from EFCC custody, arguing that his continued detention in the course of an ongoing investigation was illegal.
However, counsel to the EFCC, Chief J.S. Okutepa, SAN, told the court that the former minister was being held pursuant to a valid remand order issued by another FCT High Court presided over by Justice S.C. Oriji. Mr Okutepa further assured the court that the EFCC was a law-abiding institution and would not detain any suspect beyond the legally permitted period without judicial authorisation.
In his ruling, Justice Hassan referenced Section 35 of the 1999 Constitution (as amended) and the provisions of the Administration of Criminal Justice Act (ACJA), which allow for lawful detention under a remand order. (SUN)