Malami Raises Alarm Over DSS Detention, Alleged Obstruction of Legal Defence

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The Office of former Attorney-General of the Federation, Abubakar Malami, SAN, has raised serious concerns over what it describes as coordinated actions by state agencies aimed at frustrating his constitutional right to fair hearing and effective legal defence.

In a statement signed by Mohammed Bello Doka, Special Assistant on Media to Mr. Malami, the Office disclosed that despite being granted bail by the Federal High Court following charges filed by the Economic and Financial Crimes Commission (EFCC), his release was deliberately delayed.

According to the statement, the EFCC withheld Mr. Malami’s international passports for about one week, even though their submission was a critical condition for the perfection of bail. The delay, the Office said, resulted in his prolonged detention and effectively obstructed the execution of a valid court order.

The situation allegedly worsened shortly after Mr. Malami perfected his bail and was released from Kuje Custodial Centre, as he was immediately rearrested by the Department of State Services (DSS). He was reportedly detained for five days without access to his lawyers or family and was only allowed to meet his legal team on Friday after what the Office described as prolonged isolation and grave violations of his fundamental human rights.

The Office noted that the DSS detention occurred at a crucial moment when Mr. Malami was expected to prepare and present his defence in an EFCC interim forfeiture proceeding before the Federal High Court. Denying him access to legal counsel during this period, it argued, directly impaired his ability to consult, prepare court filings, and issue instructions to his lawyers.

The statement further alleged a troubling pattern in which arrest precedes investigation, with evidence sought only after detention — a practice described as a blatant violation of the rule of law and constitutionally guaranteed rights. It expressed concern that the DSS appears to be adopting a similar approach.

Emphasising the sanctity of judicial orders, the Office warned that bail granted by a court must not be rendered meaningless through delays, rearrests, or denial of access to legal representation. Such actions, it said, undermine the authority of the courts and pose a serious threat to fundamental human rights.

Mr. Malami, the statement concluded, remains ready to defend himself fully before the courts in accordance with the law, while calling on all state institutions to respect court orders, constitutional safeguards, and the rule of law.

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