No Bail Order, EFCC Speaks On Illegal Detention Of Malami
The Economic and Financial Crimes Commission (EFCC) has denied allegations that it is illegally detaining former Attorney-General of the Federation, Abubakar Malami, SAN, stating that no court order granting him bail has been served on the commission.
In a statement issued on Wednesday and obtained by SaharaReporters, the EFCC’s Lead Counsel, Chief J.S. Okutepa, SAN, described reports claiming that Malami had secured an ex-parte bail order as misleading, bizarre and professionally irresponsible.
Okutepa said he had received numerous calls from colleagues and concerned Nigerians questioning why the EFCC had failed to release Malami, following claims that a court granted him bail on December 23, 2025. According to him, the reports originated from a press statement allegedly issued by an aide to Malami, accusing the EFCC of defying a court order.
“For the 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.
He stressed that he only became aware of the purported bail order through social media and noted that it would be highly unusual for a court to grant bail ex-parte to a criminal suspect without notifying the detaining authority.
“It would, with profound respect, be most absurd, bizarre and amount to gross professional misconduct for any legal practitioner to make an ex-parte application to release a criminal defendant on bail,” he stated.
Okutepa 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 emphasised that the remand order remains valid and has not been set aside.
He further explained that despite being aware of the subsisting remand order, Malami’s legal team filed a fresh bail application before another FCT High Court sitting in Nyanya, alleging unlawful detention. The application was heard by Justice Babangida Hassan on December 15, 2025.
According to Okutepa, the EFCC demonstrated before the court that Malami’s detention was lawful and backed by a valid court order. Justice Hassan subsequently dismissed the bail application in a ruling delivered on December 18, 2025, holding that Malami was not being unlawfully detained.
“The orders of Justices Oriji and Hassan made on December 10 and December 18, 2025, respectively, are still extant and have not been vacated by any court,” Okutepa said.
He expressed surprise that Malami’s legal team could allegedly approach yet another court for an ex-parte bail order without disclosing the existence of the earlier rulings, which he said amounted to an abuse of judicial process.
Okutepa added that his clarification was necessary to prevent the public from being misled by what he described as false narratives and unnecessary grandstanding in the media.
“Abubakar Malami, SAN, is being lawfully detained upon valid and subsisting court orders,” he concluded.
