The Economic and Financial Crimes Commission has secured contrasting outcomes in court over two former federal ministers, underscoring the judiciary’s careful handling of high-profile corruption cases.
On Thursday, the Federal Capital Territory High Court in Abuja rejected a bail application filed by former Attorney General of the Federation and Minister of Justice, Abubakar Malami, affirming that his detention by the EFCC is lawful. Six days later, the same court granted bail to former Minister of Labour and Employment, Dr Chris Ngige, who is facing an eight-count charge over alleged contract fraud totaling ₦2.2 billion.
Malami’s detention ruled lawful
Justice Babangida Hassan of the FCT High Court dismissed Malami’s application seeking release from EFCC custody, saying the former AGF is being held pursuant to a valid remand order issued by a court of coordinate jurisdiction.
Malami, who served as AGF and Minister of Justice from 2015 to 2023, had been in EFCC custody since December 8, 2025, over allegations including financial impropriety involving recovered loot and reported links to terrorist financing. He was initially granted administrative bail on November 28, 2025, but was detained again after reporting for further interrogation.
His counsel, Dr Sulaiman Hassan, SAN, argued that the continued detention was illegal and unconstitutional and asked the court to enforce Malami’s fundamental human rights.
The EFCC, represented by Chief Jibrin Okutepa, SAN, countered that the commission was acting under a valid remand order obtained from Justice Sylvanus Oriji of the FCT High Court. The agency maintained it does not detain suspects beyond the period permitted by law without court authorization.
In his ruling, Justice Hassan cited Section 35 of the 1999 Constitution and the Administration of Criminal Justice Act 2015, which allows prosecuting agencies to obtain detention orders to aid investigations. He held that granting Malami’s application would amount to sitting as an appellate court over a decision of a court of coordinate jurisdiction, which his court had no power to do.
The EFCC later disclosed that Malami is under investigation for 18 alleged offences, including money laundering, abuse of office, and suspected financing of terrorism. The commission said administrative bail was offered on five conditions, including surrendering his international passport and presenting two serving permanent secretaries as sureties, but none were met.
Ngige secures bail in alleged ₦2.2bn fraud
In a separate ruling, Justice Maryam Hassan of the FCT High Court, Gwarinpa, granted bail to former Labour Minister Chris Ngige, who was arraigned on December 12, 2025, over alleged contract fraud.
The EFCC charged Ngige with eight counts bordering on abuse of office and acceptance of gifts valued at about ₦2.2 billion, allegedly received as kickbacks from contractors of the Nigeria Social Insurance Trust Fund while he served as supervising minister between September 2015 and May 2023.
Ngige pleaded not guilty to all charges. After his arraignment, the court remanded him at the Kuje Correctional Centre pending determination of his bail application.
Six days later, Justice Hassan adopted the terms of administrative bail earlier granted by the EFCC. She overruled a preliminary objection filed by the commission and held that the court had discretion to grant bail, which must be exercised judicially without imposing unreasonable conditions.
Bail conditions include producing a surety who must be a civil servant not below the rank of director, and who owns landed property in the FCT. The surety is also required to deposit title documents with the court. Ngige was further ordered to surrender his international passport and not travel outside the country without permission.
The judge noted that the offences were bailable and reaffirmed the constitutional presumption of innocence, cautioning against excessive bail conditions that could amount to a denial of bail. Ngige told the court his passport was stolen in the United Kingdom after EFCC granted him administrative bail.
The matter was adjourned to January 28 and 29, 2026, for trial.
What the rulings signal
The back-to-back decisions highlight how courts are balancing the EFCC’s investigative powers with defendants’ rights to liberty.In Malami’s case, the court prioritized the legal basis for detention, emphasizing that a valid remand order from another judge of the same court binds the commission. The ruling also affirmed that the EFCC must operate within the framework of the ACJA when holding suspects beyond initial investigation periods.
In Ngige’s case, the court leaned on the presumption of innocence and the bailable nature of the charges. Justice Hassan stressed that bail should not be used punitively and that conditions must be reasonable.
Both men deny wrongdoing. Malami has described the probe as a witch-hunt, while Ngige has maintained his innocence through counsel.
The EFCC has said it remains committed to concluding investigations transparently and will provide timely updates. For now, Malami remains in custody pending further developments, while Ngige will face trial from custody under bail conditions.
The divergent outcomes reflect a judiciary navigating politically sensitive cases with different factual and procedural postures, one centered on the lawfulness of continued detention, the other on the terms of release ahead of trial.
