A new legal dispute has emerged between the Economic and Financial Crimes Commission and ex-Attorney General of the Federal Republic, Abubakar Malami, SAN, regarding the execution of a judicial decision allowing for bail, sparking wider questions about compliance with the rule of law among government agencies.
Arewa PUNCH states that the conflict arose after a decision from the Federal High Court in Abuja, which allegedly allowed Malami to be released on bail in a case related to the anti-corruption agency.
Although the EFCC, via its legal representatives, has refuted having been officially notified of the court directive, Malami's office maintained that the order was correctly delivered according to established legal protocols.
A declaration released through Malami's press office mentioned Mohammed Doka, whose version was circulated with Arewa PUNCH It was mentioned that the EFCC and its legal representatives received the court order soon after it was issued.
As per the declaration, a court officer tried to serve the papers at the EFCC headquarters, yet personnel reportedly refused to accept or take them.
"The assertion from the EFCC that it did not receive the court order is false and deceptive," the statement noted, emphasizing that the delivery was done following the court's procedures and that evidence of receipt is available.
Nevertheless, Barrister Okutepa, SAN, representing the EFCC, disputed the assertion, arguing that the agency was never officially notified and thus couldn’t be charged with violating an order it wasn’t aware of.
The attorney added that "procedural fairness should be observed both when issuing rulings and when delivering them."
In addition to the current legal dispute, our reporter notes that this situation has brought back discussions about whether police departments should adhere to judicial rulings, particularly concerning bail issues.
Due to the ongoing events, several legal experts have stated that bail is a constitutional right, not a benefit, and that after being approved by an authorized court, it should be honored unless overturned by a superior court.
A legal professional, Barrister Mukhtar Abubakar, stated that "the EFCC, being an organization created to enforce the law, should not appear to function entirely beyond legal limits if it aims to maintain public confidence."
He emphasized that "the battle against corruption cannot yield results if due process and judicial rulings are ignored," Abubakar stated.
He argued that "Upholding the rule of law enhances, instead of undermining, the legitimacy of anti-graft initiatives."
Non-governmental organizations have similarly called for composure and ethical behavior, cautioning that open disputes regarding judicial decisions may erode trust in the legal framework.
They urged both sides to let the judicial procedure proceed without addressing the issue via media announcements.
With the ongoing debate, legal expert Abdullahi Inuha stated, "the focus stays on the EFCC to show adherence to court directives, and the judiciary should address matters related to service and implement their rulings when required."
He mentioned that "for numerous Nigerians, this case has turned into an examination of how institutions uphold the rule of law, particularly when influential organizations and well-known figures are concerned."
Supplied by SyndiGate Media Inc. Syndigate.info ).
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