The Economic and Financial Crimes Commission (EFCC) has rejected claims that it is unlawfully detaining former Attorney-General of the Fed...
The Economic and Financial Crimes Commission (EFCC) has rejected claims that it is unlawfully detaining former Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN, saying no court order directing his release has been served on the agency.
The EFCC’s Lead Counsel, Chief J.S. Okutepa, SAN, made the clarification in a statement on Wednesday, describing media reports of an ex-parte court order allegedly granting bail to Malami as “misleading and professionally irresponsible.”
Okutepa stated that he had received numerous enquiries from colleagues and members of the public questioning why the former minister had not been released, following reports that a court granted him bail on December 23, 2025. He said the claim originated from a press statement purportedly issued by an aide to Malami, accusing the EFCC of disobeying a court order.
“For the avoidance of doubt, I state categorically that no court order has been served on my law firm or the EFCC directing the release of Abubakar Malami, SAN,” he said, adding that he only became aware of the reported order via social media.
The senior lawyer said it would be “bizarre and legally improper” for any court to grant bail to a criminal suspect ex-parte without notifying the detaining authority.
Okutepa recalled that on December 10, 2025, Justice S.C. Oriji of the Federal Capital Territory (FCT) High Court ordered that Malami be remanded in EFCC custody for 14 days to enable investigators conclude their work — a ruling he said remains valid and has not been set aside.
According to him, Malami and his legal team were duly served with the remand order but still went ahead to file a fresh bail application before another FCT High Court in Nyanya, alleging unlawful detention. The application was heard by Justice Babangida Hassan on December 15, 2025.
“The EFCC successfully demonstrated that the detention was lawful and based on a subsisting court order,” Okutepa said, noting that Justice Hassan dismissed the application in a ruling delivered on December 18, 2025.
He stressed that both rulings — the remand order of December 10 and the dismissal of the bail application on December 18 — remain extant.
Against that background, Okutepa expressed surprise that Malami’s legal team could reportedly approach yet another court for an ex-parte bail order without disclosing the earlier decisions, describing the move as an abuse of court process.
He said the EFCC considered it necessary to issue the clarification “to avoid misleading the public” and to reaffirm that Malami is being held under valid judicial authority.
“Abubakar Malami, SAN, is being lawfully detained upon valid and subsisting court orders,” he stated.
No comments