Justice Babangida Hassan of the Federal Capital Territory (FCT) High Court, Abuja has dismissed summons for bail filed by former Attorney-General and Minister of Justice, Abubakar Salami, SAN, against the Economic and Financial Crimes Commission (EFCC).
The judge gave the ruling on Thursday in Abuja.
Malami, through his counsel, Dr. Suliaman Hassan, SAN, had approached the court seeking bail from the custody of the EFCC, arguing that his detention by the Commission in its ongoing investigation, was illegal.
However, counsel to the EFCC, Chief J.S. Okutepa, SAN, submitted that the EFCC was holding the former Minister through a valid Remand Order obtained at an FCT High Court granted by Justice S. C Oriji.
He equally affirmed that the EFCC was a law-abiding Commission that would not detain a suspect beyond the lawful period without an order of the court.
In his ruling, Justice Hassan held, quoting Section 35 of the Constitution, that since there was a provision in the Administration of Criminal Justice Act for detention, Malami was lawfully detained by the Remand Order of the court.
“Asking this court to grant this application is tantamount to inviting the court to sit as an appellate court over an application made by a court of coordinate jurisdiction which the court has no power to do”, he said.