The lead counsel representing the Economic and Financial Crimes Commission (EFCC), Chief Jibrin Samuel Okutepa, SAN, has refuted reports that a court order directing the release of former Attorney-General of the Federation, Abubakar Malami, SAN, has been served on the anti-corruption commission in relation to the ongoing N8.7 billion alleged money laundering case.
In a statement issued on Wednesday on X, Okutepa explained that neither the EFCC nor his law chambers had received any court order granting bail to Malami, contrary to circulating claims.
He noted that he had been flooded with enquiries from colleagues and members of the public who wanted to know why the EFCC had not freed Malami despite claims that an ex parte court order approving bail was allegedly granted on 23 December 2025.
Okutepa stated that the claims originated from a press statement said to have been released by an aide to Malami, accusing the EFCC of unlawfully detaining the former minister for 14 days in disregard of a court order.
He said, “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,” he said.
He further stated that he only became aware of the alleged order through social media, emphasising that it would be “bizarre and surprising” for any court to grant bail ex parte to a criminal defendant without notifying the authority responsible for the detention.
The senior advocate added that such a move would amount to a serious misuse of the court process, particularly in view of already existing and valid court orders.
Okutepa recalled that on 10 December 2025, Justice S.C. Oriji of the FCT High Court directed that Malami be kept in EFCC custody for 14 days while investigations were being concluded. He explained that the order was duly served on Malami and his legal representatives and remains in force.
In spite of this, he alleged that Malami’s legal representatives submitted a fresh bail application at the FCT High Court sitting in Nyanya, arguing that the former Attorney-General was being unlawfully detained.
He explained that the EFCC successfully challenged the application before Justice Babaginda Hassan on 15 December 2025, after demonstrating that Malami’s detention was based on a valid court order.
The court later dismissed the bail request in a ruling delivered on 18 December 2025.
“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 concern that, despite awareness of the subsisting orders, Malami’s legal representatives could still proceed to initiate an ex parte application before another court, and that such an application could allegedly be granted without consideration for earlier rulings.
Okutepa explained that his clarification was necessary to ensure the public was not misled and to make it clear that the EFCC was acting in accordance with the law.
He said, “Abubakar Malami, SAN, is being lawfully detained upon valid and subsisting court orders,” he said.
His clarification comes in the wake of a claim by Malami’s media aide, Mohammed Doka, that the accused person had been granted bail by the Federal Capital Territory Federal High Court on Tuesday.
It was further reported that the anti-corruption agency has filed 16 new criminal charges against Malami.
