Recuse Yourself, You Can’t Investigate Me — Malami to EFCC Chairman

Office of the Former Attorney-General of the Federation and Minister of Justice,
Abubakar Malami, SAN

The Office of the Former Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN, issues this press release to formally address the ongoing detention, investigation, and threatened prosecution of Malami by the Economic and Financial Crimes Commission (EFCC), which he categorically describes as a politically motivated witch-hunt precipitated by his recent defection to the African Democratic Congress (ADC).

The Motive: Historical Animosity and Malicious Personal Vendetta

Malami states that the present actions of the EFCC are not borne out of law enforcement imperatives but are instead driven by deep-seated historical animosity and a malicious personal vendetta orchestrated by the EFCC Chairman.

While serving as Attorney-General of the Federation, Malami recalls that the Federal Government constituted the Justice Ayo Salami Judicial Commission of Inquiry to investigate grave allegations of corruption and abuse of office within the EFCC. At the time, the current EFCC Chairman served as Secretary to the Commission.

The Salami Report, which is in the public domain, contains serious findings implicating the present EFCC Chairman, particularly as detailed in chapter 9 of the report. The report  included possible prosecution of the current EFCC Chairman.

It is against this background that the present investigation—marked by illegal detentions, media harassment, and procedural abuses—now bears all the hallmarks of retaliatory persecution motivated by personal vengeance. This conduct, Malami asserts, constitutes a grave abuse of office and a direct affront to the rule of law.

Malami further states that he has been clearly pre-judged and therefore cannot receive a fair, objective, or lawful investigation or trial before the EFCC under its current leadership.

Call for Recusal and Rule of Law

In light of the foregoing, Abubakar Malami, SAN, formally demands that the EFCC Chairman immediately recuse himself from any further involvement in the investigation or prosecution. He insists that the matter be handed over to another appropriate government enforcement agency to restore credibility, legality, and public confidence.

Malami has also called on the Honourable Attorney-General of the Federation, as the Chief Law Officer of the Federation, to prevail on the EFCC Chairman to recuse himself, in order to prevent further institutional damage and ensure that prosecutorial powers are not abused for partisan or personal ends.

Demand for Immediate Judicial Oversight

Malami reiterates his insistence on immediate prosecution or release, demanding that a charge be filed and that he be arraigned before a court of competent jurisdiction within 24 hours, in strict compliance with Sections 35(3), (4), and (5) of the Constitution of the Federal Republic of Nigeria (1999, as amended).

He has consistently maintained that only a court of competent jurisdiction, and not politically compromised agencies, can lawfully and credibly adjudicate this matter.

Questionable Witnesses and Abuse of Process

Disturbingly, Malami also accuses the EFCC of attempting to rely on individuals who have been convicted by foreign courts and are subject to subsisting criminal sentences abroad as potential witnesses against him. Such individuals, who ought ordinarily to be subjects of lawful extradition proceedings, are instead being weaponised to advance a domestic political agenda.

This strategy, Malami warns, is desperate, scandalous, and corrosive to the integrity of Nigeria’s criminal justice system.

Formal Steps Already Taken

For the avoidance of doubt, this office confirms that all necessary and formal legal procedures have been duly initiated to secure justice without compromise, including demands for:

Certified True Copies (CTCs) of the petitions allegedly forming the basis of the investigation, including:

A petition by Human and Environmental Agenda dated 11 September 2023, and

A petition by Grassroot Advocacy for Peace and Good Governance.

Certified True Copies of the EFCC’s Investigation Report, indispensable to Malami’s constitutional right to adequate facilities for the preparation of his defence.

Final Position

Let it be stated clearly and without equivocation: Abubakar Malami, SAN, seeks no political settlement, no inducement, and no alliance of convenience. His singular objective is to clear his name openly, transparently, and decisively before a court of competent jurisdiction.

Nigeria must not degenerate into a republic where anti-corruption agencies are converted into tools of political intimidation, nor where justice is replaced by vendetta.

The law must remain supreme—above politics, above power, and above persons.

Signed,

Mohammed Bello Doka
Special Assistant on Media
To Abubakar Malami, SAN