The lead counsel to the Economic and Financial Crimes Commission (EFCC), Chief Jibrin Samuel Okutepa, SAN, has dismissed claims that a court order directing the release of former Attorney-General of the Federation Abubakar Malami, SAN, has been served on the anti-graft agency in the ongoing N8.7 billion alleged money laundering case.
In a statement on Wednesday on X, Okutepa said neither the EFCC nor his law office had received any court order granting Malami bail, contrary to claims.
According to him, he had been inundated with calls from colleagues and members of the public asking why the EFCC had not released Malami despite claims that an ex parte court order granting bail was made on December 23, 2025.
Okutepa explained that the claims were based on a press statement allegedly issued by an aide to Malami, accusing the EFCC of illegally detaining the former minister for 14 days in defiance of a court order.
“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 order through social media, stressing that it would be “bizarre and surprising” for any court to grant bail ex parte to a criminal defendant without putting the detaining authority on notice.
The senior advocate further stated that such an application would amount to a gross abuse of the court process, especially given existing and subsisting court orders.
Okutepa recalled that on December 10, 2025, Justice S.C. Oriji of the FCT High Court ordered that Malami be remanded in EFCC custody for 14 days pending the conclusion of investigations. He said the order was duly served on Malami and his legal team and remains valid.
Despite this, he alleged that Malami’s legal team filed a fresh bail application at the FCT High Court sitting in Nyanya on the grounds that the former AGF was being illegally detained.
He said the EFCC successfully opposed the application before Justice Babaginda Hassan on December 15, 2025, after showing that Malami’s detention was pursuant to a valid court order.
The court subsequently dismissed the bail application in a ruling delivered on December 18, 2025.
“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 stated.
He expressed surprise that Malami’s legal team, being fully aware of the existing orders, could proceed to file an ex-parte application before another court and that such an application could allegedly be granted without regard to earlier rulings.
Okutepa said his clarification was necessary to prevent the public from being misled and to clarify that the EFCC was acting within the law.
“Abubakar Malami, SAN, is being lawfully detained upon valid and subsisting court orders,” he said.
His clarification comes amid a claim by Malami’s media aide, Mohammed Doka, that the accused was granted bail by the Federal Capital Territory Federal High Court on Tuesday.
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