Malami alleges rights violation in DSS detention, says defence in EFCC case deliberately frustrated

Former Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN), has accused security agencies of orchestrating actions aimed at frustrating his constitutional right to fair hearing, following his rearrest and detention by the Department of State Services (DSS) after he perfected bail in an ongoing Economic and Financial Crimes Commission (EFCC) case.

In a statement issued on Saturday by his Special Assistant on Media, Mohammed Bello Doka, Malami said the sequence of events surrounding his detention amounted to a deliberate obstruction of justice and a violation of his fundamental human rights.

According to the statement, although the Federal High Court had granted Malami bail, the EFCC allegedly delayed submitting his international passports to the court for about one week, despite the documents being a critical condition for the perfection of bail. The delay, he said, prolonged his stay in custody unnecessarily and undermined the execution of a lawful court order.

The media aide further alleged that immediately after Malami was released from the Kuje Correctional Centre upon meeting the bail conditions, he was rearrested by operatives of the DSS and detained for five days without access to his lawyers or family members.

He said Malami was held in isolation and only allowed to meet his legal team after prolonged delays, a situation he described as a grave breach of his fundamental rights.

The statement noted that the DSS detention occurred at a crucial period when Malami was required to prepare his defence in an EFCC interim forfeiture proceeding before the Federal High Court, arguing that denying him access to counsel at such a time directly impaired his ability to consult, issue instructions and prepare legal filings.

Malami’s office described the development as evidence of a troubling pattern in which arrest precedes investigation, with evidence allegedly sought after detention, contrary to the rule of law and constitutional safeguards.

“The grant of bail by a court must have meaning. No agency should be permitted to neutralise judicial orders through coordinated delays, rearrests or denial of access to legal representation,” the statement said, warning that such practices undermine the authority of the courts and threaten fundamental rights.

The allegation follows Malami’s rearrest by the DSS on Monday moments after his release from Kuje prison, a development that drew widespread attention.

Malami was reportedly intercepted by DSS operatives shortly after completing his release formalities at the correctional facility. The EFCC later denied any involvement in the rearrest, with its spokesperson, Dele Oyewale, insisting that the anti-graft agency did not pick up the former minister after his release.

Officials of the Nigerian Correctional Service confirmed that Malami was freed after perfecting his bail conditions. A video that later circulated online showed him being escorted to a waiting vehicle outside the prison premises, during which he was heard questioning the operatives and requesting their identification.

Efforts to obtain a response from the DSS spokesperson, Favour Dozie, were unsuccessful as of the time of filing this report.

Malami, his wife and son were granted bail on January 7 by Justice Emeka Nwite of the Federal High Court, Abuja, in the sum of N500 million each, with strict conditions including the surrender of their international passports and restrictions on foreign travel.

They were arraigned by the EFCC on December 29, 2025, on a 16-count charge bordering on alleged money laundering involving about N8.7 billion and had been remanded at the Kuje Correctional Centre after failing to meet earlier bail conditions.

While insisting on his innocence, Malami said he remains ready to defend himself fully in court and called on all state institutions to respect court orders, constitutional guarantees and the rule of law.