Malami Accuses DSS, EFCC of Undermining His Right to Fair Hearing

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Malami

Abubakar Malami (SAN), former Attorney General of the Federation and Minister of Justice, has accused security agencies of actions allegedly aimed at frustrating his constitutional right to fair hearing and effective legal defence.

In a statement issued on Saturday by his Special Assistant on Media, Mohammed Bello Doka, Malami expressed concern over what he described as a troubling pattern of conduct by state agencies following charges filed against him by the Economic and Financial Crimes Commission (EFCC).

According to the statement, although the Federal High Court granted Malami bail, the EFCC allegedly delayed submitting his international passports to the court for about one week, despite the passports being a key requirement for the perfection of his bail.

Malami’s office claimed the delay prolonged his detention and obstructed the execution of what it described as a valid court order.

The statement further alleged that immediately after Malami perfected his bail and was released from the Kuje Custodial Centre, he was rearrested by the Department of State Services (DSS).

His aides said he was detained for five days without access to his lawyers or family members and was only allowed to meet his legal team on Friday after what they described as prolonged isolation.

The office described the detention as a violation of Malami’s fundamental human rights.

Malami’s camp also noted that the detention occurred at a critical time when he was required to prepare his defence in an EFCC interim forfeiture proceeding before the Federal High Court.

It argued that denying him access to legal counsel during this period impaired his ability to consult with his lawyers, prepare court filings and give necessary instructions.

“This amounted to a clear frustration of due process,” the statement said.

The statement further alleged that the sequence of events suggested a pattern in which arrest precedes investigation, with evidence sought after detention, a practice it said violated the rule of law and constitutionally guaranteed rights.

Malami’s office warned that bail granted by a court must be respected, stressing that no agency should undermine judicial orders through delays, rearrests or denial of access to legal representation.

“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,” the statement added.

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