Former Justice Minister, Malami, raises alarm over DSS detention, obstruction of defence

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The office of former Justice Minister and Attorney General of the Federation (AGF), Abubakar Malami, SAN, has expressed grave concern over what it called a series of actions by state agencies which, taken together, amount to a deliberate attempt to frustrate the former Justice Minister’s constitutional right to fair hearing and effective legal defence.

Following charges filed by the Economic and Financial Crimes Commission (EFCC), the Federal High Court granted Mr. Malami bail. However, the EFCC delayed the submission of his international passports to the court for about one week, despite the passports being a key condition for the perfection of bail, the office said in a statement, adding that the act unnecessarily prolonged his detention and obstructed the execution of a valid court order.

Mr Malami was rearrested and detained for five days by the DSS after his bail was perfected and he was released from Kuje Custodial Centre.

Mohammed Bello Doka, Special Assistant on Media to Abubakar Malami, SAN, in a statement, said the detention occurred at a critical time when Mr Malami was required to prepare and open his defence in an EFCC interim forfeiture proceeding before the Federal High Court.

“Denying him access to counsel during this period directly impaired his ability to consult, prepare filings, and give instructions, amounting to 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. It is deeply troubling that the DSS appears to be adopting a similar practice of arrest, detention, and then evidence gathering,” part of the statement reads.

It further said that Mr Malami remains ready to defend himself fully in court and in accordance with the law, and called on all state institutions to respect court orders, constitutional guarantees, and the rule of law.

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