The Economic and Financial Crimes Commission (EFCC) has denied claims that it has been served with a court order directing the release of former Attorney-General of the Federation (AGF), Abubakar Malami, SAN, who is being investigated over an alleged N8.7 billion money laundering case.
The denial came from the lead counsel to the EFCC, Chief Jibrin Samuel Okutepa, SAN, who said neither the anti-graft agency nor his law firm has received any court order granting Malami bail. Okutepa made this clarification on Wednesday through a statement shared on social media.
According to him, the claim that a court ordered Malami’s release is false and misleading. He said he had received many calls from colleagues and members of the public asking why the EFCC had refused to release Malami despite reports that a court had granted him bail.
The reports, he explained, were based on a press statement allegedly issued by an aide to Malami, Mohammed Doka. In that statement, the aide accused the EFCC of holding the former AGF illegally for 14 days in defiance of a court order said to have been made on December 23, 2025.
“For the avoidance of doubt, I state categorically on my honour that as of the time of this statement, no court order has ever been served on my law firm or the EFCC,” he said.
He added that he only became aware of the alleged court order through social media reports. He described the situation as strange and difficult to believe.
According to the senior lawyer, it would be “bizarre and surprising” for any court to grant bail to a criminal suspect through an ex parte application without first informing the agency holding the suspect.
An ex parte application is one made to a court by one party without the presence or knowledge of the other party. Such applications are usually allowed only in urgent situations and under strict conditions.
Okutepa said granting bail to a criminal defendant through an ex parte application, especially when there are existing court orders, would amount to a serious abuse of the court process.
He reminded the public 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. The order was made to allow the EFCC complete its investigation into the allegations against the former minister.
According to Okutepa, that remand order was properly served on Malami and his legal team and remains valid.
Despite this order, he said Malami’s lawyers filed a fresh bail application before another FCT High Court sitting in Nyanya. The lawyers argued that Malami was being illegally detained by the EFCC.
Okutepa explained that the EFCC opposed the application and presented the earlier court order to show that Malami’s detention was lawful and backed by the court.
The matter came before Justice Babaginda Hassan on December 15, 2025. After listening to both sides, the court agreed with the EFCC and dismissed the bail application.
Justice Hassan delivered his ruling on December 18, 2025, confirming that Malami was being held based on a valid court order.
“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 said.
He expressed shock that Malami’s legal team, despite being fully aware of these existing orders, could go ahead to file another ex parte bail application before a different court.
He also questioned how such an application could allegedly be granted without reference to the earlier rulings of courts of equal jurisdiction.
According to him, this clarification became necessary to prevent the public from being misled and to make it clear that the EFCC is acting within the law.
“Abubakar Malami, SAN, is being lawfully detained upon valid and subsisting court orders,” he stated.
The controversy comes amid reports by Malami’s media aide that the former AGF was granted bail by the Federal High Court in Abuja. As of the time of filing this report, no official court document confirming such a bail order has been made public.
The EFCC is currently investigating Malami over alleged financial crimes involving about N8.7 billion. The commission recently filed 16 fresh charges against him as part of the ongoing case.
Abubakar Malami served as Nigeria’s Attorney-General of the Federation and Minister of Justice under the administration of former President Muhammadu Buhari. During his time in office, he was one of the most powerful figures in government, serving as the chief law officer of the country.
Since leaving office, Malami has faced increased public scrutiny, with civil society groups and anti-corruption advocates calling for investigations into several actions taken during his tenure.
The EFCC, Nigeria’s leading anti-graft agency, is responsible for investigating and prosecuting cases of corruption, money laundering, and other financial crimes. In recent years, the commission has handled several high-profile cases involving former government officials.
For now, the EFCC insists that it has not violated any court order and that Malami remains in custody based on lawful directives from the courts. The agency says it will continue its investigation and follow due process as the case progresses.