EFCC COUNSEL DENIES AWARENESS OF COURT ORDER GRANTING BAIL TO DETAINED FMR ATTORNEY GENERAL MALAMI

EFCC COUNSEL DENIES AWARENESS OF COURT ORDER GRANTING BAIL TO DETAINED FMR ATTORNEY GENERAL MALAMI

NO COURT ORDER TO RELEASE ABUBAKAR MALAMI, SAN, HAS BEEN SERVED ON EFCC OR MY LAW OFFICE.

I have been inundated with calls and messages from professional colleagues and other well meaning Nigerians who want to know why as the lead counsel to the EFCC, I have not prevailed on the EFCC to release the former Attorney General of the Federation, Abubakar Malami SAN, despite an alleged court orders that was made ex-parte which allegedly granted him bail on the 23rd of December 2025.

Those who made these calls drew my attention to a press statement released someone who claimed to be an aid to Abubakar Malami SAN and who alleged that despite court order for the release of Abubakar Malami SAN, the  EFCC is still holding and or detaining Abubakar Malami SAN illegally. For 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. 

I just read of the alleged orders on social media when my attention was drawn to it and forwarded to me. But let me say it with respect that within my limited knowledge of law and given the facts as I know and which facts are also known to Abubakar Malami SAN and his legal team, it would be most bizarre, and too surprising for any judicial officer to grant bail Ex-parte to a criminal defendant without putting the detaining authority on notice.

It would , with profound respect be most, absurd, bizarre and a gross professional misconduct in an infamous manner in the legal profession for any legal practitioner to make an application Ex-parte to release criminal Defendant on bail, given the facts that are well known and notorious as shown below. First there is an existing orders made by Hon Justice S.C. Oriji of FCT High Court No 2 on the 10th of December 2025 remanding Abubakar Malami SAN in the custody of EFCC for a period of 14 days pending investigations by the EFCC. That order is still existing and has not been set aside. 

That order was served on Abubakar Malami SAN and his legal team are fully aware of these orders. Secondly despite being aware of the said Orders made by Oriji J on the 10th of December 2025, the legal team of Abubakar Malami SAN in gross abuse of judicial process proceeded to file an application for bail on behalf of Abubakar Malami SAN before the FCT High Court sitting at Nyanya on the false grounds that he was being illegally detained. 

We appeared before his lordship Babaginda Hassan J on the 15th of December 2025 and successfully showed that Abubakar Malami SAN was not being unlawfully detained and that he was being detained on valid orders of court. His lordship adjourned the ruling to 18th December 2025. On the 18th of December 2025, Hon Justice Babaginda Hassan in a well considered ruling dismissed the bail application on the grounds amongst others that Abubakar Malami SAN was not being unlawfully detained having regards to the orders made by his lordship Oriji J on the 10th of December 2025.The orders of Oriji and Hassan JJ made on the 10th of December 2025 and 18th December 2025 are still extant and have not been set aside. Despite these rulings, it is surprising that the legal team of Abubakar Malami SAN who was fully aware of these orders could proceed to file an Ex-parte application before Hon Justice Bello Kawu of FCT High Court  and for Hon Justice Bello Kawu to grant bail to Abubakar Malami SAN Ex-parte without any modicum of respect for the orders of his brother Judges which his lordship is under obligations to take judicial notice and which orders the legal team of Abubakar Malami SAN is under duty to draw the attention of his lordship to. These explanations have become necessary to avoid the public being misled by unnecessary grandstanding of the press statement from the so called aid of Abubakar Malami SAN as if I have not guided EFCC properly. Abubakar Malami SAN is being lawfully detained upon valid and subsisting court orders.

Chief J.S.Okutepa, SAN

Lead Counsel to EFCC.