The ruling was delivered on Tuesday by Justice Bello Kawu, who ordered that Malami be released on the same bail conditions earlier considered by the EFCC, pending the hearing and determination of a substantive motion on notice.
A Federal High Court sitting in Abuja has granted an interim bail to former Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN, in his ongoing legal battle with the Economic and Financial Crimes Commission (EFCC).
The ruling was delivered on Tuesday by Justice Bello Kawu, who ordered that Malami be released on the same bail conditions earlier considered by the EFCC, pending the hearing and determination of a substantive motion on notice.
According to the court order, Malami is required to surrender his international passport and perfect bail bonds executed by two sureties.
The sureties named are the Director-General of the Nigerian Legal Aid Council and a serving member of the House of Representatives representing the Augie/Argungu Federal Constituency.
The matter, filed as Motion No: M/17220/2025, is between the Economic and Financial Crimes Commission (Applicant) and Abubakar Malami, SAN, alongside Temitope Isaac Adebayo (Respondents).
In granting the application, the court noted that it had carefully reviewed the motion ex-parte, supported by a 22-paragraph affidavit sworn to by Muhsin Malami, as well as a written address filed in compliance with the rules of court.
Counsel to the applicant, M. E. Sheriff, Esq., urged the court to exercise its discretion on grounds of exceptional hardship.
Justice Kawu also ordered the review and reactivation of earlier bail conditions fulfilled on November 28, 2025, which included the provision of the two sureties and the surrender of Malami’s travel documents.
Following the ruling, the case was adjourned to January 5, 2026, for the hearing of the motion on notice before the High Court of the Federal Capital Territory, Court No. 2, presided over by Hon. Justice Sylvanus Chinedu Oriji, in Motion No: FCT/HC/M/16544/2025.
Malami, who served as Attorney-General throughout the eight-year administration of former President Muhammadu Buhari, is facing EFCC scrutiny over allegations linked to his tenure, adding to a growing list of former top officials under post-office investigation.
The court read, "Upon reading through the motion ex-parte, accompanying 22 paragraphs affidavit of MUHSIN MALAMI and a written address filed in compliance with the rules of court and after hearing M. E SHERIFF Esq., praying this honorable court for the following order(s);
"AN ORDER ADMITTING THE 1ST RESPONDENT/APPLICANT to bail in the interim, on the terms of bail initially considered by EFCC which are: surrendering his international passport and the bail bonds filed by his sureties (The director general of Nigerian Legal Aid Counsel and a serving house of Reps member representing Augie/Argungu Constituancy) on grounds of exceptional hardship, pending the hearing and determination of the motion on Notice dated 18th December, 2025 by the high court of the federal capital territory, Court No. 2 presided over by Honorable Justice Sylvanus Chinedu Oriji in Motion No: FCT/HC/M/16544/2025.
"AN ORDER REVIEWING AND REACTIVATING the earlier fulfilled bail conditions of 28th November, 2025 to wit: provision of two sureties (Mr. Abubakar Aliyu Bagudu the Director, Legal Aid counsel and Hon. Sani Yakubu Noma Member representing Augie/Argungu Federal Constituency in the Federal House of Representatives) and the surrender of the 1st Respondent/applicant's international passport.
"AND for such further order(s) as this honorable court may deem fit to make in the circumstances of the case.
"APPLICATION IS HEREBY GRANTED; The application for bail on the already granted Conditions by the EFCC IS hereby granted. This matter is hereby adjourned to 5th day of January, 2026 for hearing of the motion on notice."