By SUNTV Global Channel
December 25, 2025
Former Attorney-General of the Federation, Abubakar Malami, SAN, has fired back at the Economic and Financial Crimes Commission (EFCC), accusing the anti-graft agency of deliberately evading compliance with a valid court order granting him bail.
This comes after the EFCC publicly denied claims that it was illegally detaining the former justice minister, insisting that no court order directing Malami’s release had been served on the commission.
In a statement issued on Thursday by Mohammed Bello Doka, Malami’s Special Assistant on Media, the former AGF alleged that the EFCC frustrated efforts to serve the court order despite being fully aware of its existence.
According to the statement, a court bailiff, Mr. Abiodun Kolawole, visited the EFCC office a day after the order was issued, but officials of the commission allegedly refused to accept the documents.
“This refusal does not negate service nor diminish the authority of the court,” the statement said, adding that under Nigerian law, attempted service followed by delivery to legal representatives constitutes valid notice.
Malami’s camp further claimed that the order was later received the same evening by the chambers of Chief J.S. Okutepa, SAN, the EFCC’s lead counsel, which it said “conclusively establishes notice and awareness on behalf of the EFCC.”
EFCC Pushes Back
Earlier, the EFCC had dismissed reports suggesting it was defying a court order, describing such claims as misleading and irresponsible.
In a statement obtained by SUNTV Global Channel, Okutepa said he had been inundated with calls questioning why Malami had not been released following reports that a court granted him bail on December 23, 2025.
“For the avoidance of doubt, no court order has ever been served on my law firm or the EFCC,” Okutepa stated, adding that he only became aware of the alleged order through social media.
He described the idea of granting bail to a criminal defendant through an ex-parte application as “bizarre, absurd and a gross professional misconduct,” insisting that no such order could validly exist without the detaining authority being put on notice.
Existing Court Orders
The EFCC counsel recalled that on December 10, 2025, Justice S.C. Oriji of the FCT High Court No. 2 ordered that Malami be remanded in EFCC custody for 14 days pending the conclusion of investigations.
He stressed that the remand order remains valid and has not been set aside.
According to Okutepa, Malami’s legal team was fully aware of this order but nonetheless filed a fresh bail application before an FCT High Court sitting in Nyanya, claiming illegal detention.
That application, he said, was heard by Justice Babangida Hassan on December 15, 2025, and dismissed in a ruling delivered on December 18, 2025, after the court found that Malami’s detention was lawful and backed by a subsisting court order.
“The orders of Justices Oriji and Hassan are still extant and have not been vacated by any court,” Okutepa said.
He expressed shock that Malami’s legal team could allegedly approach another court for an ex-parte bail order without disclosing the existence of earlier rulings, describing the move as an abuse of judicial process.
Legal Standoff Continues
With both sides maintaining sharply opposing positions, the dispute has thrown fresh spotlight on the legal and procedural battles surrounding Malami’s detention, raising questions about court processes, service of orders, and inter-agency compliance.
As of the time of filing this report, Malami remains in EFCC custody, while the controversy over the alleged bail order continues to generate intense public and legal debate.
— SUNTV Global Channel
