Why Ex-AGF Malami Remains In Our Custody – EFCC

Chief J.S. Okutepa, SAN, the lead counsel to the Economic and Financial Crimes Commission (EFCC), has clarified that no court order has been served on the EFCC or his law office for the release of former Attorney General of the Federation, Abubakar Malami, SAN.

This clarification follows reports circulating on social media and in some press statements claiming that Malami had been granted bail through an ex-parte court order on December 23, 2025, and that the EFCC was allegedly refusing to release him.

In a detailed statement, Okutepa said the EFCC became aware of the alleged order only through social media and emphasized that no official court process had been served on the agency or his office.

He also described it as highly unusual for a judicial officer to grant bail ex-parte to a criminal defendant without notifying the detaining authority, noting that such a process would contradict established legal norms.

Okutepa highlighted that an existing order from Hon. Justice S.C. Oriji of the FCT High Court No. 2, dated December 10, 2025, remanded Malami in EFCC custody for 14 days pending investigation. That order remains in effect.

He added that the legal team of Malami had previously filed for bail on December 15, 2025, before Hon. Justice Babaginda Hassan, FCT High Court, claiming unlawful detention. The court dismissed the bail application on December 18, 2025, affirming that Malami was being lawfully detained under valid court orders.

“Despite these rulings, it is surprising that the legal team of Abubakar Malami, SAN, proceeded to file an ex-parte application before Hon. Justice Bello Kawu,” Okutepa said. He stressed that any claim that the EFCC has ignored a court order is false and misleading.

Okutepa concluded by reiterating that Malami’s detention is lawful and based on valid and subsisting court orders.