The Economic and Financial Crimes Commission (EFCC) has dismissed reports suggesting that a court order has been issued for the release of former Attorney General of the Federation, Abubakar Malami, SAN, describing such claims as false and misleading.
In a detailed statement, the EFCC’s lead counsel, Chief J.S. Okutepa, SAN, said neither the anti-graft agency nor his law office has been served with any court order directing Malami’s release, contrary to claims circulating in the media and on social platforms.
“I have been inundated with calls and messages from professional colleagues and other well-meaning Nigerians who want to know why, as the lead counsel to the EFCC, I have not prevailed on the EFCC to release the former Attorney General of the Federation, Abubakar Malami, SAN, despite an alleged court order,” Okutepa stated.
According to him, the reports were traced to a press statement allegedly issued by an aide to Malami, claiming that an ex-parte court order granting bail to the former minister was made on December 23, 2025.
“For the avoidance of doubt, I state categorically on my honour that as at the time of this statement, no court order has ever been served on my law firm or the EFCC,” Okutepa said. “I only read of the alleged order on social media when my attention was drawn to it.”
The senior advocate expressed strong reservations about the plausibility of such an order, insisting that it would be “most bizarre” for any court to grant bail ex-parte to a criminal defendant without notifying the detaining authority.
“With profound respect, it would be absurd, bizarre and a gross professional misconduct for any legal practitioner to make an ex-parte application for the release of a criminal defendant on bail, given the facts that are well known,” he added.
Okutepa recalled that a valid and subsisting order was made by Justice S.C. Oriji of the FCT High Court on December 10, 2025, remanding Malami in EFCC custody for 14 days pending the conclusion of investigations.
“That order is still existing and has not been set aside. It was duly served on Abubakar Malami, SAN, and his legal team is fully aware of it,” he said.
He further disclosed that despite the subsisting remand order, Malami’s legal team filed a separate bail application at the FCT High Court in Nyanya, claiming illegal detention.
“We appeared before Justice Babaginda Hassan on December 15, 2025, and successfully showed that Abubakar Malami, SAN, was not being unlawfully detained, but was in custody based on a valid court order,” Okutepa explained.
He said Justice Hassan, in a ruling delivered on December 18, 2025, dismissed the bail application, affirming that Malami’s detention was lawful in view of the earlier remand order by Justice Oriji.
“The orders of Justices Oriji and Hassan made on December 10 and December 18, 2025, respectively, are still extant and have not been set aside,” Okutepa stressed.
He expressed surprise that, despite these subsisting rulings, Malami’s legal team could allegedly approach another court for an ex-parte bail order.
“It is surprising that the legal team, fully aware of these orders, could proceed to file an ex-parte application before another judge, and for such an order to be granted without due regard to the decisions of courts of coordinate jurisdiction,” he said.
Okutepa maintained that Malami remains in EFCC custody based on valid court orders and accused those spreading contrary reports of attempting to mislead the public.
“These explanations have become necessary to avoid the public being misled by unnecessary grandstanding. Abubakar Malami, SAN, is being lawfully detained upon valid and subsisting court orders,” he concluded.
