Judiciary

Malami Accuses DSS of Blocking Legal Access, Violating Right to Fair Hearing

Former Attorney-General of the Federation, Abubakar Malami, has accused the Department of State Services (DSS) of actions he said were designed to frustrate his constitutional right to fair hearing and effective legal defence.

The allegations were contained in a statement issued by his media aide, following what Malami described as repeated denial of access to his lawyers after his rearrest by the DSS.

Allegation of Denial of Legal Access

According to the statement, Malami said the DSS prevented his legal team from meeting him for several days, impairing his ability to consult, prepare filings, and give instructions to his counsel.

“The continuous denial of access to his lawyers has impaired his ability to consult, prepare court filings and give instructions to his legal team,” the statement said.

Malami described the development as a violation of due process and a threat to constitutionally guaranteed rights.


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Rearrest After Bail, Claims of Due Process Breach

The former justice minister recalled that he had earlier been granted bail by a Federal High Court in a case filed against him by the Economic and Financial Crimes Commission (EFCC).

However, he alleged that the perfection of his bail was delayed because his international passports were not promptly submitted to the court, despite being a key condition for his release.

“This sequence of events suggests a pattern where arrest precedes investigation, with evidence sought after detention,” the statement said.
“Such an approach is a blatant violation of the rule of law.”

Malami further claimed that shortly after his release from Kuje Custodial Centre, he was rearrested by the DSS and held for five days without access to his lawyers or family.


Impact on Ongoing Court Proceedings

The statement noted that the detention occurred at a critical period when Malami was required to prepare his defence in an interim forfeiture proceeding before the Federal High Court.

He argued that denying access to legal representation at such a stage undermines the authority of the courts and compromises the integrity of judicial proceedings.

“No agency should be permitted to neutralise judicial orders through coordinated delays, rearrests, or denial of access to legal representation,” the statement added.


Call for Respect for Court Orders

Malami maintained that he remains ready to defend himself in court and urged state institutions to respect court orders and constitutional safeguards.

“Bail granted by a court must be respected,” the statement said.
“Mr. Malami remains ready to defend himself fully in accordance with the law.”

As of the time of filing this report, the DSS had not publicly responded to the allegations.

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