Former Attorney-General of the Federation, Abubakar Malami, has released excerpts of the Justice Ayo Salami judicial commission of inquiry report which he says indict the chairman of the Economic and Financial Crimes Commission (EFCC), Ola Olukoyede.
In a statement issued on Tuesday by Mohammed Bello Doka, his media aide, Malami said chapter nine of the Salami report shows a clear conflict of interest that makes the EFCC chairman’s continued involvement in matters relating to him untenable.
Malami said the Salami judicial commission of inquiry was established under his supervision to investigate allegations of corruption and abuse of office within the EFCC.
He said the current EFCC chairman served as secretary to the commission at the time.
According to the statement, chapter nine of the report examined the conduct and responsibilities of senior EFCC officials and created personal and professional exposure for individuals now exercising prosecutorial authority over Malami.
Malami said the EFCC’s actions against him could not be reasonably interpreted as neutral law enforcement but amounted to a personal vendetta rooted in unresolved issues arising from the report.
He said the law on recusal is settled and is based on the test of reasonable apprehension of bias rather than proof of actual malice.
Malami said any reasonable observer aware of the circumstances surrounding chapter nine of the Salami report would conclude that he cannot receive an impartial investigation under the current leadership of the EFCC.
The former AGF accused the commission of violating his fundamental rights through unlawful restrictions on liberty and denial of fair hearing.
He also alleged a sustained trial by media through selective leaks and public commentary aimed at securing public condemnation before judicial determination.
Malami said the pattern of conduct by the EFCC reflects an attempt to criminalise lawful policy decisions taken while he was in office.
He said he is willing to submit himself to a neutral and independent investigative process and to face trial only before a court of competent jurisdiction.
Malami demanded the immediate recusal of the EFCC chairman from all matters relating to him.
“This is not a personal dispute; it is a constitutional issue. If the EFCC is allowed to function as an instrument for the settlement of personal scores and grievances, then the rule of law itself is imperilled.
“Abubakar Malami, SAN, will continue to insist on justice according to law and due process, not persecution by power,” the statement said.
