The former Attorney-General of the Federation, Mr Abubakar Malami, SAN, has expressed serious concerns regarding actions taken by state agencies, claiming these constitute a deliberate attempt to undermine his constitutional rights. In a recent press release, Malami stated that the actions “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 release notes that “the EFCC delayed the submission of his international passports to the court for about one week,” which was a key condition for perfecting his bail. This delay, according to Malami’s office, “unnecessarily prolonged his detention and obstructed the execution of a valid court order.”
After eventually perfecting his bail and being released from Kuje Custodial Centre, Malami was rearrested by the Department of State Services (DSS) and detained for five days without access to his lawyers or family. He was only allowed to meet his legal team on Friday after experiencing “prolonged isolation, delays, and grave violations of his fundamental human rights.”
This detention is said to have occurred at a “critical time” when Malami was preparing to defend himself in an EFCC interim forfeiture proceeding before the Federal High Court. The inability to consult with his lawyers “directly impaired his ability to consult, prepare filings, and give instructions,” which the press release describes as a “clear frustration of due process.”
The sequence of events has according to the Former AGF raised alarm about a pattern where “arrest precedes investigation, with evidence sought after detention,” which the Office labels as “a blatant violation of the rule of law and constitutionally guaranteed rights.” It is deemed “deeply troubling” that the DSS has adopted similar tactics of arrest and detention.
Malami further asserts that “bail granted by a court must have meaning” and insists that “no agency should be permitted to neutralise judicial orders through coordinated delays, rearrests, or denial of access to legal representation.” Such activities undermine the authority of the courts and threaten fundamental human rights.
Mr. Malami remains “ready to defend himself fully in court and in accordance with the law” and has called on all state institutions to respect court orders, constitutional guarantees, and the rule of law.
