By Kevin Akor
ABUJA, Nigeria — The office of Abubakar Malami, a senior advocate of Nigeria, accused state security agencies on Thursday of violating his constitutional rights, alleging unlawful detention and obstruction of his legal defense in an ongoing Economic and Financial Crimes Commission case.
In a statement, Malami’s office said a series of actions by the EFCC and the Department of State Services amounted to a “deliberate attempt to frustrate his constitutional right to fair hearing and effective legal defence.”
The Federal High Court had granted Malami bail following charges filed by the EFCC. However, the statement said the commission delayed submitting his international passports to the court for about one week, despite the documents being required to perfect his bail.
“This delay unnecessarily prolonged his detention and obstructed the execution of a valid court order,” the statement said.
According to the statement, Malami was rearrested by the DSS shortly after he perfected his bail and was released from Kuje Custodial Centre. He was then detained for five days without access to his lawyers or family and was only allowed to meet his legal team on Friday.
“He was subjected to prolonged isolation, delays, and grave violations of his fundamental human rights,” the statement said.
The office said the DSS detention occurred at a critical stage, when Malami was required to prepare and open his defense in an EFCC interim forfeiture proceeding before the Federal High Court.
“Denying him access to counsel during this period directly impaired his ability to consult, prepare filings, and give instructions, amounting to a clear frustration of due process,” it said.
The statement also accused security agencies of reversing due process by arresting first and investigating later.
“This sequence of events clearly suggests a pattern where arrest precedes investigation, with evidence sought after detention,” it said, describing the approach as “a blatant violation of the rule of law and constitutionally guaranteed rights.”
Malami’s office warned that court-ordered bail must not be undermined by state agencies.
“No agency should be permitted to neutralise judicial orders through coordinated delays, rearrests, or denial of access to legal representation,” the statement said. “Such actions undermine the authority of the courts and pose a serious threat to fundamental human rights.”
The office said Malami remains prepared to defend himself in court and urged all state institutions to respect court orders and constitutional guarantees.
The statement was signed by Mohammed Bello Doka, special assistant on media to Malami.
