Former Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN), has met all bail conditions granted by the Federal High Court but has chosen to remain in custody at the Kuje Correctional Centre, Abuja, over fears of a possible rearrest by security operatives.
Sources familiar with the matter disclosed that although Justice Emeka Nwite approved Malami’s release after he fulfilled the bail requirements, the former minister declined to leave the correctional facility due to concerns that operatives of the Department of State Services (DSS) might immediately take him into custody upon release.
According to the sources, Malami believes that remaining within the correctional centre offers him greater legal protection than risking a fresh arrest that could result in detention outside the control of prison authorities.
It was gathered that Malami has instructed his legal team to urgently approach the court to seek an ex parte order restraining security agencies—particularly the DSS—from arresting him after his release. However, as of Thursday, no such restraining order had been granted.
As a result, Malami’s continued stay at Kuje Correctional Centre is reportedly voluntary, as there is no subsisting court order mandating his detention.
Earlier, Justice Nwite granted Malami, his wife, and his son bail in the sum of ₦500 million each, with stringent conditions. Each defendant is required to provide two sureties in like sum, with the sureties owning landed property in Asokoro, Maitama, or Gwarinpa areas of Abuja.
The court also ordered the defendants to submit their travel documents and prohibited them from leaving the country without prior court approval. Property documents submitted by the sureties are to be verified by the Deputy Chief Registrar, while the sureties must also depose to an affidavit of means.
Additionally, the defendants and their sureties were directed to submit two recent passport photographs each to the court registry.
Despite complying with all these conditions, Malami has opted to remain in custody pending legal assurances that he will not be rearrested by security agencies upon release.
