Former Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami, has said his defence in the forfeiture proceedings and criminal trial launch against him by the Economic and Financial Crimes Commission (EFCC) is being hindered by his detention.
Mr Malami, who has passed about 48 days in detention as of Sunday, from when he was first arrested by the EFCC on 8 December 2025, was rearrested by the State Security Service (SSS) on 19 January as he was leaving the correctional centre in Kuje after meeting the bail conditions set for him in his ongoing money laundering trial.
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He currently faces a money laundering trial and a non-conviction-based forfeiture proceedings with 57 properties estimated to be worth N212.8 billion at stake.
Mr Malami, through his media aide, Mohammed Doka, said on Saturday that coordinated actions by state security agencies were aimed at frustrating his constitutional right to a fair hearing and effective legal defence.
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A statement by Mr Doka, shared on the former AGF’s Facebook wall on Saturday, said the actions followed charges filed against Mr Malami by the EFCC.
According to the statement, the Federal High Court granted Mr Malami bail after his arraignment; however, the EFCC allegedly delayed submitting his international passports to the court for about one week, despite the documents being a key requirement for the perfection of bail.
Mr Doka said the delay prolonged his detention and hindered the execution of a valid court order.
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He further stated that shortly after Mr Malami perfected his bail and was released from the Kuje Custodial Centre, he was rearrested by operatives of the SSS.
The statement alleged that he was detained 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 and delays.
According to Mr Doka, the detention occurred at a critical time when Mr Malami was expected to prepare and open his defence in an interim forfeiture proceeding filed by the EFCC before the Federal High Court.
The statement explained that denying him access to legal counsel during that period impaired his ability to consult with lawyers, prepare court filings and issue instructions, thereby affecting due process.
Mr Doka further alleged that the sequence of events reflected a pattern in which arrest preceded investigation, with evidence sought after detention, a practice he said violated the rule of law and constitutionally guaranteed rights.
He added that bail granted by a court must not be rendered ineffective through delays, rearrests or denial of access to legal representation, warning that such actions undermine the authority of the judiciary and threaten fundamental human rights. This stance contradicts Mr Malami’s view while serving as the AGF. While in office, Mr Malami repeatedly justified the continued detention of former Natonal Security Adviser Sambo Dasuki by the SSS against a series of court rulings on grounds of national security. SSS also repeatedly ignored court rulings granting activist Omoyele Sowore bail while Mr Malami’s office prosecuted him on treasonable felony in 2019.
But many have argued that Mr Malami’s defence of illegal detention while he was in office does not justify violations of his rights now that he is out office.
His aide’s statement said on Saturday Mr Malami remained willing to defend himself in court in accordance with the law and called on all state institutions to respect court orders, constitutional guarantees and the rule of law.
Background
Mr Malami is currently facing investigations following his rearrest earlier this month.
He was arraigned on 29 December 2025 alongside his wife, Asabe Bashir, and son, Abdulaziz Malami, before the Federal High Court in Abuja on 16 counts of money laundering and conspiracy involving about N8.7 billion.
EFCC alleged that the defendants used several corporate entities, bank accounts and high-value real estate transactions to conceal proceeds of unlawful activities.
Court documents stated that more than N1.01 billion allegedly passed through a company, Metropolitan Auto Tech Limited, between July 2022 and June 2025, while another N600 million was said to have moved through a Sterling Bank account linked to the firm.
The anti-graft agency also alleged that N500 million used to purchase a luxury duplex in Maitama, Abuja, was disguised as legitimate funds.
The defendants pleaded not guilty to all charges.
On 7 January, the trial judge, Emeka Nwite, granted them bail in the sum of N500 million each, with conditions including the provision of two sureties with verifiable landed property in Asokoro, Maitama or Gwarimpa, as well as the surrender of their international passports.
On the same day, during a separate hearing, the judge ordered an interim forfeiture of 57 properties worth over N212.8 billion, suspected to be proceeds of unlawful activities allegedly linked to Mr Malami.
After ordering the interim forfeiture, the judge directed the EFCC to publish the order in a national daily, inviting any person or organisation with an interest in the properties to show cause within 14 days why a final forfeiture order should not be made.
The former AGF remained in custody until the bail conditions were perfected 12 days later.
READ ALSO:Detained Malami responds to terrorism, illegal arms possession allegations
Shortly after his release from the Kuje Correctional Centre, he was taken into custody by operatives of the SSS.
The SSS rearrested Mr Malami over alleged discovery of arms in his residence in Birni-Kebbi, Kebbi State
SSS reportedly arrested him over a cache of arms allegedly discovered in his house in Birni-Kebbi, Kebbi State, during a raid by the EFCC.
In a separate statement earlier this week, his media office described the allegations as false and unverified, insisting that no arms or ammunition were recovered from any property linked to him and that no evidence had been presented connecting him to terrorism or its financing.
The statement also expressed concern over his prolonged detention and limited access to his legal team and family members.
Mr Malami’s detention has also revived public debate over the powers of security agencies, particularly the SSS, given his past role as Attorney-General in defending similar actions by the agency during his tenure in office.
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