Former Attorney-General of the Federation and Minister of Justice, Abubakar Malami, has called for the immediate recusal of the Chairman of the Economic and Financial Crimes Commission (EFCC), Olanipekun Olukoyede, from all matters relating to him, citing alleged bias and conflict of interest.
In a statement issued on Tuesday by Malami’s Special Assistant on Media, Mohammed Bello Doka, the former AGF argued that the EFCC chairman’s continued involvement is “legally untenable, morally indefensible, and constitutionally impermissible,” referencing Chapter 9 of the Justice Ayo Salami Judicial Commission of Inquiry Report.
According to the statement, Malami, while serving as Attorney-General, supervised the establishment of the Justice Ayo Salami Judicial Commission of Inquiry to investigate allegations of corruption and abuse of office within the EFCC. It noted that the current EFCC chairman served as secretary to the commission at the time.
The statement said Chapter 9 of the Salami Report addressed the conduct and responsibilities of senior EFCC officials and created what it described as “personal and professional exposure” for certain individuals now exercising prosecutorial authority over Malami.
It alleged that this background raises a reasonable apprehension of bias and transforms ongoing EFCC actions into “retaliatory persecution rather than neutral law enforcement.”
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Citing established legal principles on recusal, the office maintained that the applicable standard is not proof of actual malice but whether a reasonable observer would apprehend bias.
On that basis, it argued that Malami cannot receive an impartial investigation or prosecution under the current EFCC leadership.
The statement also alleged violations of Malami’s fundamental rights, including the right to personal liberty and fair hearing under Sections 35 and 36 of the 1999 Constitution, as well as what it described as a “trial by media” through selective leaks and public commentary.
It also accused the EFCC of engaging in harassment without timely arraignment, criminalising lawful policy decisions taken while Malami was in office, and pursuing the matter through sustained media exposure rather than due process.
Reiterating Malami’s position, the office said the former attorney-general is willing to submit to a neutral and independent investigative process and to be tried before a court of competent jurisdiction, but rejects what it termed intimidation or political settlements.
The statement called for three immediate steps: the recusal of the EFCC chairman from all matters concerning Malami; the intervention of the current Attorney-General of the Federation to transfer the case to an independent investigative authority; and the prompt filing of charges, if any, before a competent court.
“This is not a personal dispute; it is a constitutional issue,” the statement added, warning that allowing anti-corruption institutions to be used for the settlement of personal grievances could undermine the rule of law.
