The Office of Abubakar Malami, SAN, has raised alarm over what it described as coordinated actions by state security and anti-graft agencies aimed at frustrating his constitutional right to fair hearing and effective legal defence.
In a statement signed by his Special Assistant on Media, Mohammed Bello Doka, the office said following the filing of charges by the Economic and Financial Crimes Commission (EFCC), the Federal High Court granted Malami bail. However, the EFCC allegedly delayed the submission of his international passports to the court for about one week, despite the documents being a key requirement for the perfection of bail.
According to the statement, the delay unnecessarily prolonged Malami’s detention and impeded the execution of a valid court order.
It further alleged that shortly after he eventually perfected his bail and was released from the Kuje Custodial Centre, Malami was rearrested by operatives of the Department of State Services (DSS).
The office claimed that Malami was detained by the DSS for five days without access to his lawyers or family members and was only allowed to meet his legal team on Friday after what it described as prolonged isolation, delays, and grave violations of his fundamental human rights.
The statement noted that the detention occurred at a critical period when Malami was required to prepare and open his defence in an EFCC interim forfeiture proceeding before the Federal High Court. It argued that denying him access to legal counsel during this time impaired his ability to consult with his lawyers, prepare court filings, and give instructions, thereby undermining due process.
Describing the sequence of events as troubling, the office alleged a pattern in which arrest precedes investigation, with evidence sought after detention, a practice it said violates the rule of law and constitutionally guaranteed rights.
It also expressed concern that the DSS appeared to be adopting a similar approach of arrest, detention, and subsequent evidence gathering.
The office stressed that bail granted by a court must be respected and given practical effect, warning that no agency should be allowed to neutralise judicial orders through delays, rearrests, or denial of access to legal representation. Such actions, it said, undermine the authority of the courts and pose a serious threat to fundamental human rights.
Malami, according to the statement, remains ready to defend himself fully in court in accordance with the law and has called on all state institutions to respect court orders, constitutional guarantees, and the rule of law.
