Justice Babangida Hassan of the Federal Capital Territory (FCT) High Court in Abuja , on Thursday, dismissed summons for bail filed by former Attorney-General of the Federation (AGF) and Minister of Justice, Abubakar Salami (SAN) against the Economic and Financial Crimes Commission (EFCC).
Malami had through his lead lawyer, Dr. Suliaman Hassan (SAN), approached the court, seeking bail from the custody of the EFCC on the grounds that his detention by the Commission in its ongoing investigation, was illegal.
But the lead lawyer to the EFCC, Chief J.S. Okutepa (SAN), submitted that the EFCC was holding the former AGF through a valid Remand Order obtained at an FCT High Court granted by Justice S. C Oriji.
Okutepa also informed the court that the EFCC was a law-abiding Commission that would not detain a suspect beyond the lawful period without an order of the court.
In his ruling on the matter, Justice Hassan, who quoted Section 35 of the 1999 Constitution (as amended), held that since there was a provision in the Administration of Criminal Justice Act (ACJA) for detention, Malami was lawfully detained by the Remand Order of the court.
The judge then said, “Asking this court to grant this application is tantamount to inviting the court to sit as an appellate court over an application made by a court of coordinate jurisdiction which the court has no power to do”.
