Malami said he had been "clearly prejudged" and could not expect a fair and objective investigation under the current EFCC chair Olukoyede.
A former Attorney-General of the Federation (AGF) and Minister of Justice, Abubakar Malami, has asked the chaireperson of the Economic and Financial Crimes Commission (EFCC), Ola Olukoyede, to recuse himself from an investigation involving him, alleging bias, personal vendetta and political persecution.
Mr Malami made the request in a statement posted on his Facebook page on Monday by his media aide, Muhammad Doka, amid his continued detention by the anti-graft agency.
The former justice minister accused the EFCC of unlawful detention, media harassment and procedural abuse, insisting that the investigation against him was driven by political considerations following his recent defection from the All Progressives Congress (APC) to the African Democratic Congress (ADC).
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He said he had been "clearly prejudged" and could not expect a fair and objective investigation under the current leadership of the commission.
'Why EFCC chair is after me'
Mr Malami traced his concerns to events during his tenure as Attorney-General, when the federal government constituted the Justice Ayo Salami Judicial Commission of Inquiry to investigate allegations of corruption and abuse of office within the EFCC.
According to him, the current EFCC chairman served as secretary to the EFCC and was the subject of adverse findings contained in the commission's report.
"The present investigation bears all the hallmarks of retaliatory persecution motivated by personal vengeance," Mr Malami said.
Based on this, he called on the EFCC chairman to step aside from the investigation or prosecution and the "matter be handed over to another appropriate government enforcement agency to restore credibility, legality, and public confidence."
He specifically called the Attorney-General of the Federation, Lateef Fagbemi,"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."
The former minister also demanded that he be arraigned in court or released within 24 hours, citing Sections 35(3), (4) and (5) of the Nigerian constitution, which guarantee personal liberty and prescribe limits on detention without trial.
EFCC assembling convicts as witnesses
He further alleged that the EFCC intended to rely on individuals convicted by foreign courts and who should be serving sentences abroad as witnesses, a move he described as improper and harmful to Nigeria's criminal justice system.
Mr Malami said his legal team had requested certified true copies of the petitions that prompted the investigation, as well as the EFCC's investigation report, to enable him to prepare his defence.
"I seek no political settlement or inducement," he said. "My singular objective is to clear my name openly and transparently before a court of competent jurisdiction."
The EFCC did not immediately respond to Mr Malami's request for the recusal of its chairman.
Bail controversy
However, the commission had denied claims by Mr Malami that it revoked his bail because he attended a political gathering in Kebbi State.
In a statement issued on Saturday, the EFCC's spokesperson, Dele Oyewale, described the allegation as "patently false," saying the agency was compelled to respond to misleading claims about its operations.
Mr Oyewale said Mr Malami, a Senior Advocate of Nigeria (SAN), was granted administrative bail on 28 November after a brief interrogation, pending the conclusion of investigations and possible arraignment.
"Administrative bail is a discretionary temporary reprieve that allows a suspect to be released on stated conditions pending the conclusion of investigation and arraignment in court," he said.
According to the EFCC, the former minister was granted provisional bail subject to five conditions, none of which he had fulfilled as of the time he was re-invited for further questioning.
Mr Oyewale said Mr Malami was expected to return on 1 December but later requested a deferment on health grounds through a letter dated 4 December, a request the commission said it granted despite his failure to meet the bail conditions.
He said Mr Malami neither submitted a medical report nor provided credible evidence to support his claim of ill-health.
The EFCC said it subsequently invited Mr Malami again on 8 December for further interrogation and detained him after he failed to meet the outstanding bail requirements.
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He described Mr Malami's claim that his bail was revoked as untenable, adding that it was wrong to suggest that the commission restricted him from granting media interviews or participating in political activities.
Mr Malami served as Nigeria's Attorney-General of the Federation and Minister of Justice from 2015 to 2023 under former President Muhammadu Buhari.
A founding member of the APC, he recently declared his intention to contest the 2027 governorship election in Kebbi State on the platform of the ADC after defecting from the ruling party earlier in the year.
The EFCC is investigating Mr Malami over allegations, including claims of fraudulent duplication of expenses for the recovery of assets linked to the late former military ruler, Sani Abacha.
Reports have also indicated that the commission is probing 46 bank accounts allegedly linked to the former minister, as well as his multi-billion-naira investments in Kebbi State.
Following his detention, Mr Malami's lawyers challenged his continued custody, describing it as unlawful and a violation of his fundamental rights, a development that has drawn political reactions from opposition figures accusing the EFCC of politicising its actions.
