The Economic and Financial Crimes Commission (EFCC) has confirmed that the Federal Capital Territory (FCT) High Court in Abuja has dismissed the bail application filed by former Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami, SAN. The ruling, delivered by Justice Babangida Hassan, upholds the Commission's lawful detention of Mr. Malami as part of ongoing investigations into serious allegations of corruption.
In his judgment, Justice Hassan cited Section 35 of the Nigerian Constitution, emphasizing that Mr. Malami's detention since December 8, 2025, is supported by a valid court order obtained from a court of coordinate jurisdiction. The judge stated that granting the bail application would effectively require the court to act in an appellate capacity over another judge's order, which it lacks the authority to do.
The EFCC's legal team, led by Jibrin Okutepa, SAN, successfully argued that the remand order from Justice Sylvanus Oriji remains in effect, allowing for continued detention under the Administration of Criminal Justice Act 2015 to facilitate thorough investigations.
Mr. Malami, who served as AGF from 2015 to 2023 under former President Muhammadu Buhari, is under investigation for his alleged involvement in a $16.9 million legal fees scam related to the recovery of assets linked to the late Head of State, General Sani Abacha. Additional allegations include money laundering, abuse of office, and the accumulation of assets disproportionate to his legitimate earnings.
These probes stem from multiple petitions submitted by civil society organizations, including the Human and Environmental Development Agenda (HEDA), Karlos Community Development and Empowerment Initiative, and Grassroot Advocacy for Peace and Good Governance (GAPAG).
The EFCC initially granted Mr. Malami administrative bail on November 28, 2025, following a brief interrogation, subject to five specific conditions pending the conclusion of investigations and potential arraignment. However, Mr. Malami failed to fulfill these conditions, leading to his re-invitation and subsequent detention on December 8. The Commission has emphasized that administrative bail is a discretionary measure and that all actions have been conducted in strict adherence to the law.
In response to claims from Mr. Malami's camp alleged political motivations particularly in light of his recent defection to the African Democratic Congress (ADC) and his declared intention to contest the 2027 governorship election in Kebbi State, the EFCC categorically denies any bias.
"The EFCC is a law-abiding institution that investigates and prosecutes suspects irrespective of their political affiliations or backgrounds," said EFCC Spokesperson Dele Oyewale. "Suspects from ruling, opposition, and non-partisan entities are treated equally under the law."
Furthermore, the EFCC conducted lawful searches of Mr. Malami's residences and offices in Abuja and Kebbi State on December 18, 2025, as part of the ongoing investigations. These actions were authorized by court warrants and aimed at gathering evidence related to the allegations, including several bank accounts and multi-billion-naira investments in Kebbi State.
The EFCC remains committed to its mandate of combating economic and financial crimes in Nigeria and assures the public that the investigations into Mr. Malami will be concluded expeditiously and transparently. Updates will be provided as developments unfold.