Abubakar Malami, a former Minister of Justice and Attorney General of the Federation who was in office from November 2015 till May 2023 when the then President Muhammadu Buhari completed his eight years tenure in office, under which, Courts of competent jurisdiction granted several detained Nigerians bail but the Buhari government refused to release them and even rearrested some of them after they had perfected their bail conditions, the then Minister of Justice, Abubakar Malami who was saddled with the responsibility of protecting citizens’ rights, came out openly and apparently justified the violations of court orders by the then Buhari led government, and during the administration of President Muhammadu Buhari, Abubakar Malami, frequently defended the actions of the government’s refusal to obey courts orders of bail granted to high profile individuals by asserting that national security and public interest superseded individual rights, some of the high profile individuals included Colonel Sambo Dasuki, the former National Security Adviser in the era of President Goodluck Ebele Jonathan who was held for four years from December 2015 to December 2019, despite being granted bail by at least four different Nigerian high courts and the ECOWAS Court, he was repeatedly re-arrested by the Department of State Services, DSS immediately after fulfilling bail conditions, Sheikh Ibrahim El-Zakzaky and his wife Zeenah, detained from December 2015 until they were released in July 2021 were refused bail after Federal court declared their detention illegal in 2016 and ordered their release by January 2017, but the government under which Abubakar Malami was a Justice Minister did not comply, until they were eventually acquitted of all charges by a Kaduna State High Court in 2021, also, Omoyele Sowore, an activist and a Journalist who is the founder of SaharaReporters news media remained in DSS custody for several months in 2019 despite fulfilling bail conditions set by Justice Ijeoma Ojukwu, he was re-arrested within the courtroom just 24 hours after a temporary release,
Nnamdi Kanu, the convicted and jailed Indigenous People of Biafra, IPOB Leader was refused bail during his initial trial in 2015, President Buhari then publicly stated during a media chat that Kanu among others would not be allowed to go on bail due to the nature of their alleged crimes, despite court rulings, in addition, was Navy Captain Dada Labinjo who was detained by the Nigeria Military from September 2018 until at least late 2019, despite a Federal High Court order for his release and during these periods, Abubakar Malami provided several justifications for these detentions, most notably during his 2019 ministerial screening: Malami stated that the office of the AGF is meant to protect the public interest, and “where the individual interest conflicts with the public interest, the interest of 180 million Nigerians must naturally prevail”, he cited the Supreme Court case of Asari Dokubo versus Federal Republic of Nigeria, arguing, it established that national security could supersede personal liberty in specific contexts and when Dasuki and Sowore were finally released in December 2019, Malami claimed the government did so on “compassionate grounds” and in compliance with court orders, while denying that international pressure from the United States, US influenced the decision, currently, the then apparent defender and justifier of government disobedient to court orders, is now calling on Nigerians and begging them to help him get justice since the Economic and Financial Crimes Commission, EFCC kept him in custody against court order that he had said earlier granted him bail and after perfecting his bail conditions, he was rearrested by the DSS and since he has remained in detention.

According to Mohammed Bello Doka, Special Assistant on Media to Abubakar Malami, “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”

In earlier press releases issued by Mohammed Bello Doka, Special Assistant on Media to Abubakar Malami, SAN in December 2025,”the Office of Abubakar Malami, SAN, former Attorney General of the Federation and Minister of Justice, formally alert the Nigerian public and the international community to the brazen, contemptuous, and lawless conduct of the Economic and Financial Crimes Commission (EFCC) in its handling of matters concerning Mr. Malami.

Following the clear and unequivocal court order granted by the High Court of the Federal Capital Territory, Abuja, on 23 December 2025, admitting Abubakar Malami, SAN, to bail on already fulfilled conditions, officials of the EFCC were formally served with the court process. Rather than comply with the authority of the court, the Commission refused to accept the court-backed letter, chased away the bailiff, and insisted on the continued detention of Mr. Malami in blatant defiance of the law.

This conduct represents nothing short of institutional lawlessness. The EFCC, an agency created by statute and bound by the Constitution, has chosen to elevate itself above the courts, arrogating to itself powers it does not possess and treating binding judicial orders with open disdain.

More troubling is the fact that, despite revoking bail and detaining Mr. Malami for over 14 days, the EFCC has failed, refused, or neglected to arraign him before any court of competent jurisdiction. This prolonged detention without arraignment is illegal, unconstitutional, and oppressive, and amounts to a gross violation of Mr. Malami’s fundamental rights.

It is worthy of note that the EFCC is currently detaining Abubakar Malami, SAN, solely on the strength of a High Court order that permitted his detention for a maximum period of fourteen days, an order which expires today. Even without regard to the separate bail granted by another High Court of competent jurisdiction, the EFCC was legally obligated to either release him immediately or arraign him before a court today. It has done neither. This deliberate inaction is a further and damning confirmation of the EFCC’s vendetta, its blatant disregard for the rule of law, and its dangerous descent into tyranny and abuse of power.

Rather than submit itself to due process, the EFCC has instead embarked on an orchestrated media trial, feeding selective narratives to the press in a deliberate attempt to poison public opinion, destroy reputations, and secure convictions in the court of public sentiment after failing to do so in a court of law. This is a dangerous abuse of power and a direct assault on the principles of justice, fairness, and the rule of law.

The Commission’s actions leave no doubt that it has abandoned its statutory mandate and allowed itself to be deployed as a tool of political persecution. When an anti-corruption agency begins to disobey court orders, detain citizens indefinitely, and weaponize the media, it ceases to be an instrument of justice and becomes a threat to democracy itself.

We remind the EFCC that court orders are not suggestions. They are binding commands of the law. Selective obedience to judicial authority is the clearest pathway to anarchy, and Nigeria must not be allowed to descend into a state where security agencies choose which laws to obey and which to ignore.

Abubakar Malami, SAN, has repeatedly stated his readiness to submit himself fully to due process and to have any allegation determined strictly by a court of law. What he rejects—rightly so—is trial by detention, trial by media, and trial by political vendetta.

The Office of Abubakar Malami, SAN, therefore calls on: The judiciary to take urgent notice of this open contempt of court; Relevant oversight bodies to hold the EFCC accountable for its serial violations of the law; and  Nigerians of conscience to speak out against the dangerous precedent being set by the Commission’s actions. No agency, no matter how powerful, is above the law.

The Office of Abubakar Malami, SAN, reiterates that the Economic and Financial Crimes Commission (EFCC) and its legal representatives have been properly served with the Order of the Honourable Court.

A day after the Order was issued, the Court Bailiff, Mr. Abiodun Kolawole, attempted service on the EFCC, which refused to receive the Order. This refusal does not negate service nor diminish the authority of the Court.

Later that same evening, the Office of Okutepa, SAN, received the Court Order, conclusively establishing notice and awareness on behalf of the EFCC”.

Meanwhile, Omoyele Sowore had said he “will never support extrajudicial measures against anyone. I urge the Economic and Financial Crimes Commission to obey the court order granting bail to former Nigerian Attorney General, Abubakar Malami, SAN.

That said, we must also speak honestly about the despicable conduct of the Muhammadu Buhari and the Malami who governed with arrogance and impunity, acting as though there would be no tomorrow and no accountability for their actions. In 2019 after four months of detention under the Muhammadu Buhari regime, I was granted bail, but, Abubakar Malami, SAN and the useless DSS DG Yusuf Bichi demanded that my sureties appear at the DSS office for profiling, a request I refused to comply with”.