Malami Raises Alarm Over DSS Detention, Alleges Breach Of Due Process

Former Minister of Justice and Attorney-General of the Federation, Abubakar Malami (SAN), has raised concerns over what he described as actions by the Department of State Services (DSS) aimed at undermining his constitutional right to fair hearing and effective legal defence.

Malami alleged that the DSS repeatedly denied him access to his lawyers, a situation he said severely impaired his ability to consult with his legal team, prepare court filings, and give necessary instructions for his defence.

According to his Special Assistant on Media, Mohammed Bello Doka, the actions of the DSS amount to a clear frustration of due process and a violation of his fundamental rights.

Doka said the sequence of events clearly suggests a pattern where arrest precedes investigation, with evidence sought after detention, an approach he describes as a blatant violation of the rule of law and constitutionally guaranteed rights.

“It is deeply troubling that the DSS appears to be adopting a similar practice of arrest, detention, and then evidence gathering.”

He recalled that after charges were filed against him by the Economic and Financial Crimes Commission (EFCC), the Federal High Court granted him bail.

However, he alleged that the EFCC delayed submitting his international passports to the court for about one week, despite the documents being a key condition for the perfection of his bail.

He said the delay unnecessarily prolonged his detention and hindered the execution of a valid court order.

“Immediately after Mr. Malami eventually perfected his bail and was released from the Kuje Custodial Centre, he was rearrested by the Department of State Services”

He further alleged that he was detained by the DSS for five days without access to his lawyers or family members, and was only allowed to meet his legal team on Friday after what he described as prolonged isolation, delays, and grave violations of his fundamental human rights.

According to him the detention occurred at a critical time when he was required to prepare and open his defence in an interim forfeiture proceeding instituted by the EFCC before the Federal High Court.

He added that bail granted by a court must be respected by all state institutions.

“No agency should be permitted to neutralise judicial orders through coordinated delays, rearrests, or denial of access to legal representation. Such actions undermine the authority of the courts and pose a serious threat to fundamental human rights”

Malami reaffirmed his readiness to defend himself in court, insisting that he remains committed to due process and the rule of law.