In a statement on Wednesday, obtained by SaharaReporters, the EFCC’s Lead Counsel, Chief J.S. Okutepa, SAN, described reports of an alleged ex-parte court order granting Malami bail as misleading, bizarre and professionally irresponsible.
The Economic and Financial Crimes Commission (EFCC) has dismissed claims that it is illegally detaining former Attorney-General of the Federation, Abubakar Malami, SAN, insisting that no court order directing his release has been served on the anti-graft agency.
In a statement on Wednesday, obtained by SaharaReporters, the EFCC’s Lead Counsel, Chief J.S. Okutepa, SAN, described reports of an alleged ex-parte court order granting Malami bail as misleading, bizarre and professionally irresponsible.
Okutepa said he had been inundated with calls from colleagues and concerned Nigerians questioning why the EFCC had not released Malami following claims that a court had granted him bail on December 23, 2025.
According to him, the claims originated from a press statement issued by someone purporting to be an aide to Malami, alleging that the EFCC was defying a court order and unlawfully detaining the former minister.
“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,” Okutepa said.
He added that he only became aware of the alleged order through social media, stressing that, based on the facts of the case and his knowledge of the law, 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,” 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 stressed that the order remains valid and has not been set aside.
"First there is an existing order 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," he said.
He noted that Malami and his legal team were duly served with the remand order and were fully aware of its existence.
Despite this, the EFCC counsel said Malami’s legal team went ahead to file a fresh bail application before another FCT High Court sitting in Nyanya, claiming that the former Attorney-General was being illegally detained.
The application, he said, was heard by Justice Babangida Hassan on December 15, 2025, where the EFCC successfully demonstrated that Malami’s detention was lawful and backed by a subsisting court order.
Justice Hassan subsequently dismissed the bail application in a ruling delivered on December 18, 2025.
Okutepa said that the court held clearly that Malami was not being unlawfully detained, having regard to the valid orders earlier made by Justice Oriji.
He emphasised that the rulings of Justices Oriji and Hassan, delivered on December 10 and December 18 respectively, are still in force and have not been vacated by any court.
Against this backdrop, Okutepa expressed shock that Malami’s legal team could allegedly approach another court for an ex-parte bail order without disclosing the existence of the earlier decisions.
Okutepa said his clarification was necessary to prevent the Nigerian public from being misled by what he described as unnecessary grandstanding and false narratives being pushed in the media.
Okutepa said, "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," he added.