Malami EFCC tensions rise as former AGF Abubakar Malami demands the EFCC Chairman’s recusal, citing conflict of interest, constitutional breaches, and political persecution.
“Malami EFCC dispute has escalated following a formal demand by former Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN, that the Chairman of the Economic and Financial Crimes Commission (EFCC) recuse himself from any investigation or prosecution involving him.”
In a statement issued by his media office, Malami described his detention, investigation, and threatened prosecution by the anti-graft agency as politically motivated and inconsistent with the principles of fairness and the rule of law. He alleged that the EFCC’s actions were triggered by his recent defection to the African Democratic Congress (ADC) and driven by personal animosity rather than genuine law enforcement concerns.
Malami traced the alleged bias to events during his tenure as Attorney-General, when the Federal Government established the Justice Ayo Salami Judicial Commission of Inquiry to probe allegations of corruption and abuse of office within the EFCC. According to him, the current EFCC Chairman served as Secretary to the commission and was mentioned in portions of the report, particularly Chapter 9, which reportedly contained adverse findings and recommendations, including possible prosecution.
Based on this history, Malami argued that the EFCC Chairman is conflicted and incapable of overseeing an impartial investigation involving him. He maintained that he has already been pre-judged and that the ongoing process, marked by detention and media exposure, amounts to retaliatory persecution and a grave abuse of office. Malami EFCC.
The former justice minister consequently demanded that the EFCC Chairman immediately step aside from the matter and that the investigation be transferred to another appropriate government enforcement agency. He said such a move was necessary to restore credibility to the process and to prevent further damage to public confidence in Nigeria’s anti-corruption institutions.
Malami also called on the Attorney-General of the Federation, in his capacity as the Chief Law Officer of the Federation, to intervene and ensure that prosecutorial powers are exercised without personal or political considerations. He warned that failure to address the alleged conflict of interest could undermine the integrity of the justice system.
In addition in Malami EFCC, Abubakar Malami insisted on strict compliance with constitutional safeguards on detention, demanding either his immediate arraignment before a court of competent jurisdiction or his release within the time limits prescribed under Sections 35(3), (4), and (5) of the 1999 Constitution (as amended). He stressed that only a court, not an investigative agency, has the authority to determine guilt or innocence.
The former AGF further accused the EFCC of abusing due process by allegedly seeking to rely on individuals convicted by foreign courts and currently serving criminal sentences abroad as witnesses against him. He described such an approach as desperate and damaging to the credibility of Nigeria’s criminal justice system, arguing that such persons should ordinarily be subjects of extradition proceedings rather than prosecution witnesses – Malami EFCC.
Malami’s office confirmed that formal legal steps have already been taken to protect his rights, including requests for Certified True Copies of the petitions said to have triggered the investigation. These include petitions reportedly submitted by Human and Environmental Agenda and Grassroot Advocacy for Peace and Good Governance. He also demanded access to the EFCC’s investigation report, which he said is essential for the adequate preparation of his defence.
While the EFCC has not publicly responded to Malami’s latest allegations, the commission has consistently maintained in similar cases that its investigations are evidence-based and not influenced by politics or personal considerations. The agency has repeatedly stated that no individual, regardless of former office or status, is immune from investigation where allegations of financial crimes arise.
Malami, however, maintained that he seeks no political compromise or private settlement, insisting that his objective is to clear his name openly and transparently before a court of law. He warned that Nigeria risks institutional decline if anti-corruption agencies are perceived as tools of intimidation rather than impartial enforcers of justice.
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