The Economic and Financial Crimes Commission (EFCC) has explained why former Attorney General of the Federation and Minister of Justice, Abubakar Malami, spent the Christmas holidays in its custody, insisting that his detention is lawful and backed by valid and subsisting court orders.
EFCC stated that neither its lawyer nor its office had been served with any court order that stated categorically that the former AGF should be released from custody.
The clarification followed widespread reports and social media claims on Thursday alleging that the EFCC had ignored a purported ex-parte court order granting Malami bail on Tuesday.
Some of the claims were attributed to a statement issued by an aide to the former Attorney General.
Responding to the report, the lead counsel to the EFCC, Jibrin Okutepa, said he had been inundated with calls from colleagues and concerned Nigerians questioning why Malami had not been released, despite claims that a court had ordered his freedom.
Okutepa said: “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,” he said.
The legal expert added that he became aware of the alleged order from the court through social media.
He further described as “bizarre and surprising” the suggestion that any court could grant bail ex-parte to a criminal suspect without notifying the detaining authority, stressing that such a move would amount to a gross abuse of legal procedure.
The EFCC counsel explained that Malami is currently being detained based on a valid remand order issued by Justice S.C. Oriji of the FCT High Court on December 10, 2025. The order, which remanded Malami in EFCC custody for 14 days pending investigation, he noted, remains in force and has not been set aside.
According to Okutepa, Malami and his legal team were duly served with the remand order and are fully aware of its existence. Despite this, he said, Malami’s lawyers proceeded to file a bail application before the FCT High Court sitting in Nyanya, claiming that their client was being illegally detained.
He disclosed that the EFCC appeared before Justice Babaginda Hassan on December 15, 2025, where it successfully demonstrated that Malami’s detention was lawful. The court subsequently reserved ruling and, on December 18, 2025, dismissed the bail application, affirming that Malami was being held pursuant to a valid court order.
“The orders of Justice Oriji made on December 10, 2025, and Justice Babaginda Hassan made on December 18, 2025, are still extant and have not been set aside,” Okutepa emphasized.
He expressed surprise that, despite these subsisting rulings, Malami’s legal team allegedly approached another court for an ex-parte bail application without disclosing the earlier orders, describing such conduct as a grave abuse of judicial process.
Okutepa said the EFCC found it necessary to address the matter publicly to prevent Nigerians from being misled by what he described as “unnecessary grandstanding” and false narratives suggesting that the Commission was acting in defiance of the law.
He maintained that Malami’s continued detention is lawful and in strict compliance with court orders, insisting that the EFCC remains guided by the rule of law in the discharge of its duties.
“Abubakar Malami is being lawfully detained upon valid and subsisting court orders,” the EFCC lead counsel stated.
