Lead counsel to the Economic and Financial Crimes Commission (EFCC), Chief Jibrin Samuel Okutepa, SAN, has denied reports 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 issued on Wednesday via his X handle, Okutepa said neither the EFCC nor his law firm had received any court order granting Malami bail, contrary to claims circulating in the public space.
He explained that he had received numerous calls from colleagues and members of the public questioning why the EFCC had not released Malami, following reports that an ex parte order granting bail was allegedly made on December 23, 2025.
According to Okutepa, the reports stemmed from a press statement reportedly issued by an aide to the former minister, which accused the EFCC of unlawfully detaining Malami 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,” Okutepa said.
He added that he only became aware of the alleged bail order through social media, describing it as “bizarre and surprising” that any court would grant bail ex parte to a criminal suspect without notifying the detaining authority.
The senior advocate further argued that such an application, if granted, would amount to an abuse of court process, particularly in view of existing court orders on the matter.
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 properly served on Malami and his legal team and remains valid.
Despite the subsisting order, Okutepa said Malami’s lawyers subsequently filed another bail application at the FCT High Court sitting in Nyanya, claiming the former attorney-general was being illegally detained.
He noted that the EFCC opposed the application, and on December 15, 2025, Justice Babaginda Hassan heard the matter. According to him, the court dismissed the bail application in a ruling delivered on December 18, 2025, after being satisfied that Malami’s detention was 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 stated.
He expressed surprise that Malami’s legal team, despite being aware of the existing orders, could allegedly approach another court with an ex parte application and that such an application could be granted without reference to earlier rulings.
Okutepa said the clarification was necessary to prevent the public from being misled, stressing that the EFCC was acting within the law.
“Abubakar Malami, SAN, is being lawfully detained upon valid and subsisting court orders,” he said.
The clarification follows claims by Malami’s media aide, Mohammed Doka, that the former attorney-general had been granted bail by a Federal Capital Territory Federal High Court on Tuesday. Meanwhile, the EFCC has filed 16 fresh charges against Malami in connection with the case.
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