Statement issued by Ex AGF Abubakar Malami
Office of Abubakar Malami Raises Alarm Over DSS Detention and Obstruction of Legal Defence in EFCC Interim Forfeiture Case
The Office of Abubakar Malami, SAN, expresses grave concern over a series of actions by state agencies which, taken together, amount to a deliberate attempt to frustrate his constitutional right to fair hearing and effective legal defence.
Following charges filed by the Economic and Financial Crimes Commission (EFCC), the Federal High Court granted Mr. Malami bail. However, the EFCC delayed the submission of his international passports to the court for about one week, despite the passports being a key condition for the perfection of bail. This delay unnecessarily prolonged his detention and obstructed the execution of a valid court order.
Immediately after Mr. Malami eventually perfected his bail and was released from Kuje Custodial Centre, he was rearrested by the Department of State Services (DSS). He was thereafter detained for five days without access to his lawyers or family, and was only allowed to meet his legal team on Friday after prolonged isolation, delays, and grave violations of his fundamental human rights.
This detention occurred at a critical time when Mr. Malami was required to prepare and open his defence in an EFCC interim forfeiture proceeding before the Federal High Court. Denying him access to counsel during this period directly impaired his ability to consult, prepare filings, and give instructions, amounting to a clear frustration of due process.
This sequence of events clearly suggests a pattern where arrest precedes investigation, with evidence sought after detention—an approach that is a blatant violation of the rule of law and constitutionally guaranteed rights. It is deeply troubling that the DSS appears to be adopting a similar practice of arrest, detention, and then evidence gathering.
The Office stresses that bail granted by a court must have meaning. No agency should be permitted to neutralise judicial orders through coordinated delays, rearrests, or denial of access to legal representation. Such actions undermine the authority of the courts and pose a serious threat to fundamental human rights.
Mr. Malami remains ready to defend himself fully in court and in accordance with the law, and calls on all state institutions to respect court orders, constitutional guarantees, and the rule of law.
Signed:
Mohammed Bello Doka
Special Assistant on Media to Abubakar Malami, SAN