EFCC denies revoking ex-AGF Malami’s bail, explains continued detention

EFCC denies revoking the bail it granted Mr Malami, who has now spent six nights in custody as of Saturday.

The Economic and Financial Crimes Commission (EFCC) has denied claims by a former Attorney-General of the Federation and Minister of Justice, Abubakar Malami, that it revoked his bail because he attended a political gathering in Kebbi State.

In a statement on Saturday, the commission’s spokesperson, Dele Oyewale, described the claim as “patently false,” saying the anti-graft agency was compelled to respond to what it called misleading allegations about its operations.

Mr Oyewale said that Mr Malami, a Senior Advocate of Nigeria (SAN), was granted administrative bail on 28 November after a brief interrogation, pending the conclusion of investigations and possible arraignment.

“Administrative bail is a discretionary temporary reprieve that allows a suspect to be released on stated conditions pending the conclusion of investigation and arraignment in court,” he said.

According to the EFCC, the former minister was granted provisional bail subject to five conditions, none of which he had fulfilled as of the time he was re-invited.

Mr Oyewale said Mr Malami was expected to return for further interrogation on 1 December but later requested a deferment on health grounds through a letter dated 4 December.

“The commission compassionately granted his plea even while his bail conditions had not been met,” he said.

However, the EFCC said Mr Malami neither submitted a medical report nor provided any credible evidence to support his claim of ill-health.

The spokesperson said the commission subsequently invited Mr Malami again on 8 December for further interrogation and detained him after he failed to meet the outstanding bail conditions.

The former minister has since remained in custody.

“The EFCC cannot allow the latitude granted the former minister on health grounds to stand in the way of investigations,” Mr Oyewale said.

He described Mr Malami’s claim that his bail was revoked as untenable, adding that it was wrong to suggest that the commission restricted him from granting media interviews or participating in political activities.

“The EFCC has no interest in the political affiliation of its suspects and is strictly apolitical,” Mr Oyewale said.

He cited the recent arraignment of a former governor and senior member of the ruling party over alleged contract fraud as evidence of the agency’s neutrality.

The commission advised Mr Malami to fulfil the bail conditions he acknowledged and signed on 28 November and to cooperate with investigators.

“It would also serve his interest to cooperate with his team of interrogators rather than dissipate energy through false claims in the media,” Mr Oyewale said.

Background

Mr Malami served as Nigeria’s Attorney-General of the Federation and Minister of Justice from 2015 to 2023 under former President Muhammadu Buhari.

The former minister, a founding member of the ruling All Progressives Congress (APC), recently declared his interest to run for governor in Kebbi State on the platform of the African Democratic Congress (ADC), after dumping the APC earlier in the year.

The EFCC has been investigating him over alleged financial and administrative infractions linked to his tenure in office.

Mr Malami, who served as the AGF throughout the eight years of the late former President Buhari’s administration, announced publicly late last month that he was being probed over alleged fraudulent duplication of expenses for the recovery of loot linked to former Nigeria’s military dictator, the late Sani Abacha.

Reports also indicated that the EFCC is also investigating the former minister over 46 bank accounts allegedly linked to him. He also reportedly faces probe over his multi-billion-naira investment in Kebbi State, his home state.

He was invited for questioning in late November 2025 and granted administrative bail after an initial interrogation.

Following his detention, Mr Malami alleged that the EFCC revoked his bail because he attended a political event in Kebbi State, where he is believed to be nursing political ambitions ahead of the 2027 elections.

The EFCC has denied the claim, insisting that administrative bail is conditional and that Mr Malami failed to meet the five bail requirements imposed on him.

Mr Malami’s lawyers have challenged his continued detention, describing it as unlawful and a violation of his fundamental rights. The matter has since attracted political reactions, with some opposition figures accusing the EFCC of politicising its actions.