Reported by: Ijeoma G | Edited by: Gabriel Osa
ABUJA, Nigeria — Former Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN), has met the bail conditions imposed by a Federal High Court but remains inside the Kuje Correctional Centre amid fears that operatives of the Department of State Services (DSS) may immediately rearrest him upon release.
Justice Emeka Nwite of the Federal High Court in Abuja last week granted Malami, his wife and son bail in the sum of ₦500 million each in connection with a money-laundering charge filed by the Economic and Financial Crimes Commission (EFCC). The strict conditions also included the submission of landed property documents as surety, verification of those assets by the court, and the deposit of their travel documents with the court registry.
Despite fulfilling these conditions, a source familiar with the situation told journalists that Malami has chosen to remain inside the custodial centre rather than step out, citing concerns that the DSS could rearrest him at the prison gate on fresh or related charges — particularly linked to ongoing investigations into alleged terrorism financing and other serious offences.
According to insiders, the former attorney general believes that staying inside the prison, even after meeting bail requirements, is safer than risk immediate detention outside the correctional facility — where he fears he may be held without the oversight of correctional authorities or in what he perceives as a more arbitrary detention scenario.
The tension escalated after teams of DSS operatives were reportedly deployed around the Kuje medium-security facility, drawing a security presence that sources describe as “a siege.” Observers say the heavy monitoring has added to Malami’s anxieties about leaving detainee confines, prompting his legal team to seek an ex parte court order to restrain security agencies from effecting any rearrest on the basis of different allegations once he exits custody.
The case stems from an alleged ₦8.7 billion money laundering charge against Malami, his son, Abdulaziz Malami, and his wife, Asabe Bashir, whom the EFCC also arraigned before the Federal High Court. The charges are part of a broader investigation that sources say also includes inquiries into possible misuse of office and other financial misconduct.
Although the court has set conditions for bail, including depositing passports and strict surety requirements, Malami’s continued detention is now chiefly a result of his own legal strategy rather than an active court order keeping him inside. His legal team insists the move is necessary to protect due process and prevent what they describe as a potential disregard for judicial directives by security agencies.
The EFCC has consistently maintained that Malami’s detention is lawful under ongoing investigations, with anti-graft sources confirming that he would remain in custody until all conditions were satisfied — an assertion that appeared to be contested by the former minister’s camp.
The situation has sparked debate among legal practitioners and civil liberties advocates, with commentary focusing on the rule of law, prosecutorial discretion, and the separation of powers in high-profile corruption and security matters. Some observers argue that the deepening standoff may further strain public confidence in the judiciary and law enforcement institutions if not resolved within constitutional constraints.
As it stands, Malami remains in Kuje Prison by choice amid a legal and security impasse. His lawyers are reportedly preparing additional court filings to secure protection against immediate rearrest once he steps out — a development that could set a significant precedent for how similar cases are handled in the future.
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