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Mr Abubakar Malami, SAN, former Attorney-General of the Federation AGF
Former Minister of Justice and Attorney-General of the Federation, Abubakar Malami (SAN), has accused the Department of State Services (DSS) of actions he said were 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, Malami said the continuous denial of access to his lawyers had impaired his ability to consult, prepare court filings and give instructions to his legal team.
He described the actions of the DSS as 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,” the statement said.
“It is deeply troubling that the DSS appears to be adopting a similar practice of arrest, detention, and then evidence gathering.”
Malami recalled that following charges filed against him by the Economic and Financial Crimes Commission (EFCC), the Federal High Court granted him bail.
However, he alleged that the EFCC delayed submitting his international passports to the court for about one week, despite the documents being a key condition for the perfection of bail.
According to him, the 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,” the statement said.
“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.”
The statement added that the detention occurred at a critical time when Malami was required to prepare and open his defence in an EFCC interim forfeiture proceeding before the Federal High Court.
It stressed that bail granted by a court must be respected.
“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,” it said.
Malami reaffirmed his readiness to defend himself in court.
“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.” (Guardian)