Malami made the demand in a release issued on Monday by his media aide, Muhammad Doka, in which he also called for the immediate recusal of the Chairman of the EFCC, Ola Olukoyede, from the ongoing investigation against him.
A former Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN, has demanded that the Economic and Financial Crimes Commission (EFCC) either arraign him before a court of competent jurisdiction or release him within 24 hours, citing constitutional provisions against unlawful detention.
Malami made the demand in a release issued on Monday by his media aide, Muhammad Doka, in which he also called for the immediate recusal of the Chairman of the EFCC, Ola Olukoyede, from the ongoing investigation against him.
Malami alleged bias, personal vendetta and political persecution linked to his recent defection to the African Democratic Congress.
According to the statement, the former justice minister accused the anti-graft agency of subjecting him to what he described as an “illegal detention, media harassment and procedural abuse,” insisting that the investigation was not driven by law enforcement considerations but by “deep-seated historical animosity” on the part of the EFCC leadership.
"I have been clearly pre-judged and cannot receive a fair, objective or lawful investigation under the current leadership of the EFCC,” Malami said.
He anchored his claims on events dating back to his tenure as Attorney-General of the Federation, when the Federal Government constituted the Justice Ayo Salami Judicial Commission of Inquiry to investigate allegations of corruption and abuse of office within the EFCC.
Malami noted that the current EFCC Chairman served as Secretary to the commission and that the Salami Report — now in the public domain — contained adverse findings against him.
“The present investigation bears all the hallmarks of retaliatory persecution motivated by personal vengeance,” Malami alleged.
Based on this, the former AGF formally called on the EFCC Chairman to step aside from the matter and urged the Attorney-General of the Federation, as the nation’s Chief Law Officer, to intervene.
“To restore credibility and public confidence, another appropriate law enforcement agency must handle this matter,” he said, warning that failure to act could cause “serious institutional damage.”
Central to his demands, Malami insisted on strict compliance with Sections 35(3), (4) and (5) of the 1999 Constitution (as amended), which provide safeguards against unlawful detention. He demanded either his immediate arraignment or release within 24 hours.
“Only a court of competent jurisdiction — not a politically compromised agency — can lawfully and credibly adjudicate this matter,” he insisted.
Raising further concerns, Malami accused the EFCC of attempting to rely on individuals convicted by foreign courts and currently serving criminal sentences abroad as potential witnesses.
He described such efforts as “desperate, scandalous and corrosive to the integrity of Nigeria’s criminal justice system,” arguing that such persons should ordinarily be subjects of extradition, not prosecution witnesses.
The statement added that Malami’s legal team had already initiated formal steps to safeguard his rights, including requests for Certified True Copies of the petitions said to have triggered the investigation and the EFCC’s investigation report to enable him prepare his defence.
"Let it be stated clearly: I seek no political settlement or inducement,” Malami said. “My singular objective is to clear my name openly and transparently before a court of competent jurisdiction. Nigeria must not become a republic where anti-corruption agencies are tools of political intimidation. The law must remain supreme — above politics, above power and above persons."
On Saturday, SaharaReporters reported that the EFCC claimed it detained Malami, SAN, for failing to meet the conditions attached to his administrative bail.
The EFCC on Saturday denied claims of political persecution as patently false and misleading.
In a statement issued, the anti-graft agency had said it was compelled to respond to Malami’s public assertion that his bail was revoked because he attended a political gathering in Kebbi State, insisting that the Commission is apolitical and guided strictly by law.
The EFCC disclosed that Malami was scheduled to return for further interrogation on December 1, 2025, but wrote to the Commission on December 4, citing ill-health and requesting permission to attend to medical issues.
The agency said it granted the request on compassionate grounds, despite the fact that his bail conditions were still outstanding.
However, the Commission noted that Malami neither submitted a medical report nor provided any credible proof of ill-health to justify the repeated delays.