The Economic and Financial Crimes Commission (EFCC) has denied receiving any court order directing the release of former Attorney General of the Federation, Abubakar Malami, SAN, amid claims circulating on social media that he was granted bail through an ex-parte court order.
The clarification was made on Tuesday, 23 December 2025, by Chief Jibrin Samuel Okutepa, SAN, the lead counsel to the EFCC, who said neither the anti-graft agency nor his law office had been served with any such order.
Okutepa explained that he had been inundated with calls from colleagues and members of the public questioning why the EFCC had not released Malami, following reports of an alleged ex-parte order granting him bail.
“For 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.
According to him, the alleged order only came to his attention through social media posts and messages forwarded to him, which were linked to a press statement issued by someone who claimed to be an aide to Malami.
The EFCC lead counsel described the claims as misleading, stressing that Malami was being lawfully detained pursuant to valid and subsisting court orders.
Okutepa further expressed disbelief at the suggestion that any court could grant bail to a criminal suspect through an ex-parte application without notifying the detaining authority.
“It would be most bizarre and too surprising for any judicial officer to grant bail ex-parte to a criminal defendant without putting the detaining authority on notice,” he said, adding that such an action would amount to “gross professional misconduct” if initiated by a legal practitioner.
He explained that on Wednesday, 10 December 2025, Justice S.C. Oriji of the Federal Capital Territory (FCT) High Court No. 2 issued an order remanding Malami in EFCC custody for 14 days pending the conclusion of investigations.
Okutepa noted that the remand order was duly served on Malami and that his legal team was fully aware of it. He stressed that the order remains valid, as it has not been set aside.
Despite this, Okutepa disclosed that Malami’s legal team filed a fresh bail application at the FCT High Court sitting in Nyanya, alleging unlawful detention.
He said parties appeared before Justice Babaginda Hassan on Monday, 15 December 2025, where the EFCC successfully demonstrated that Malami’s detention was lawful and backed by a court order.
The court subsequently adjourned the ruling to Thursday, 18 December 2025, when Justice Hassan dismissed the bail application.
“His lordship dismissed the bail application on the grounds, amongst others, that Abubakar Malami, SAN, was not being unlawfully detained, having regard to the orders made by Justice Oriji on 10 December 2025,” Okutepa stated.
He added that both the Oriji and Hassan rulings remain extant and binding.
The senior advocate expressed surprise that, despite these existing orders, Malami’s legal team allegedly approached another court for an ex-parte bail order.
“It is surprising that the legal team of Abubakar Malami, SAN, who was fully aware of these orders, could proceed to file an ex-parte application before Justice Bello Kawu of the FCT High Court,” he said.
Okutepa argued that granting such an application, if it indeed occurred, would undermine judicial comity and disregard existing court decisions that ought to have been brought to the attention of the court.
He concluded that the public clarification was necessary to prevent misinformation and to correct the impression that the EFCC was acting unlawfully.
“Abubakar Malami, SAN, is being lawfully detained upon valid and subsisting court orders,” Okutepa affirmed.