Former Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN, has demanded that the Economic and Financial Crimes Commission (EFCC) either arraign him before a court of competent jurisdiction or release him within 24 hours, citing constitutional protections against unlawful detention.

The demand was contained in a statement issued on Monday by his media aide, Muhammad Doka, in which Malami also called for the immediate recusal of the EFCC Chairman, Ola Olukoyede, from the ongoing investigation against him.

Malami accused the anti-graft agency of bias, political persecution, and personal vendetta, alleging that the investigation was triggered by his recent defection to the African Democratic Congress (ADC).

According to the statement, the former justice minister described his detention as illegal, accusing the EFCC of media harassment and abuse of due process. He insisted that the probe was not driven by legitimate law enforcement concerns but by what he termed “deep-seated historical animosity” within the leadership of the Commission.

“I have been clearly pre-judged and cannot receive a fair, objective, or lawful investigation under the current leadership of the EFCC,” Malami said.

Allegations of Bias and Retaliation

Malami anchored his claims on events dating back to his tenure as Attorney-General, during which the Federal Government set up the Justice Ayo Salami Judicial Commission of Inquiry to probe allegations of corruption and abuse of office within the EFCC.

He noted that the current EFCC Chairman served as Secretary to the commission and alleged that the Salami Report—now publicly available—contained adverse findings against Olukoyede.

“The present investigation bears all the hallmarks of retaliatory persecution motivated by personal vengeance,” Malami alleged.

Based on this, he formally requested that Olukoyede step aside from the matter and urged the incumbent Attorney-General of the Federation, as the nation’s Chief Law Officer, to intervene.

“To restore credibility and public confidence, another appropriate law enforcement agency must take over this matter,” he said, warning that continued inaction could lead to serious institutional damage.

Demand for Constitutional Compliance

Central to Malami’s demand is strict compliance with Sections 35(3), (4), and (5) of the 1999 Constitution (as amended), which safeguard citizens against unlawful detention. He insisted that the EFCC must either charge him to court or release him within 24 hours.

“Only a court of competent jurisdiction—not a politically compromised agency—can lawfully and credibly adjudicate this matter,” he said.

The former AGF also raised concerns over the EFCC’s alleged reliance on individuals convicted by foreign courts and currently serving criminal sentences abroad as potential witnesses.

He described such a move as “desperate, scandalous, and corrosive” to Nigeria’s criminal justice system, arguing that such individuals should ordinarily be subjects of extradition rather than prosecution witnesses.

Legal Steps and EFCC’s Response

The statement disclosed that Malami’s legal team has begun formal steps to protect his rights, including requests for Certified True Copies of the petitions that triggered the investigation and the EFCC’s investigation report to enable him prepare his defence.

“Let it be stated clearly: I seek no political settlement or inducement,” Malami said.
“My only objective is to clear my name openly and transparently before a court of competent jurisdiction. Nigeria must not become a republic where anti-corruption agencies are tools of political intimidation. The law must remain supreme—above politics, above power, and above persons.”

On Saturday, SaharaReporters reported that the EFCC said Malami was detained for failing to meet the conditions attached to his administrative bail.

The Commission dismissed allegations of political persecution as false and misleading, stating that it was compelled to respond to Malami’s claim that his bail was revoked due to his attendance at a political gathering in Kebbi State.

According to the EFCC, Malami was scheduled to return for further interrogation on December 1, 2025, but wrote to the Commission on December 4, citing ill-health and requesting permission to attend to medical issues. The agency said the request was granted on compassionate grounds, despite outstanding bail conditions.

However, the EFCC noted that Malami neither submitted a medical report nor provided credible evidence of ill-health to justify repeated delays.