Amanze Chinonye
A fresh legal dispute has erupted between the Economic and Financial Crimes Commission (EFCC) and lawyers to former Attorney General of the Federation, Abubakar Malami, SAN, following the emergence of a court order purportedly granting him interim bail, Prime Business Africa reports.
The controversy centres on an ex-parte order issued on December 23, 2025, by the High Court of the Federal Capital Territory, Abuja, presided over by Justice Bello Kawu. In the order, the court granted Malami interim bail on the conditions earlier considered by the EFCC, including the surrender of his international passport and the provision of two sureties a director in the Legal Aid Council and a serving member of the House of Representatives representing Augie/Argungu Federal Constituency.
Justice Kawu also ordered the review and reactivation of bail conditions allegedly fulfilled on November 28, 2025, and adjourned the matter to January 5, 2026, for hearing of the motion on notice.
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In a press release issued by Malami’s media office, his aides claimed that the EFCC had been duly served with the court order but refused to accept it. The statement alleged that a court bailiff attempted service at the EFCC the day after the order was made, and that later the same evening, the order was received by the law office of Chief J.S. Okutepa, SAN, lead counsel to the EFCC. According to the release, the refusal to receive the order “does not negate service nor diminish the authority of the court.”
However, Chief Okutepa strongly refuted these claims in a statement posted on his official X handle on December 24, 2025. He insisted that neither the EFCC nor his law office had been served with any court order directing Malami’s release.
“For the 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, adding that he only became aware of the alleged order through social media.
The senior advocate questioned the propriety of granting bail ex-parte to a criminal suspect, describing such a move as “bizarre” and “absurd,” particularly in light of existing court orders. He noted that on December 10, 2025, Justice Sylvanus Chinedu Oriji of the FCT High Court ordered Malami’s remand in EFCC custody for 14 days pending investigation an order he said remains valid and has not been set aside.
Okutepa further disclosed that Malami’s legal team had previously filed a bail application before Justice Babaginda Hassan of the FCT High Court, Nyanya, on the grounds of unlawful detention. That application, he said, was dismissed on December 18, 2025, after the court upheld the subsisting remand order made by Justice Oriji.
According to Okutepa, the decision to approach another court ex-parte without disclosing the earlier rulings amounted to an abuse of judicial process, insisting that Malami remains lawfully detained under valid and subsisting court orders.
As of the time of filing this report, the EFCC has not issued an official statement beyond its counsel’s position, while the legal battle over Malami’s detention and the validity of the December 23 bail order continues to generate intense public and legal debate.
Amanze Chinonye is a Staff Correspondent at Prime Business Africa, a rising star in the literary world, weaving captivating stories that transport readers to the vibrant landscapes of Nigeria and the rest of Africa. With a unique voice that blends with the newspaper's tradition and style, Chinonye's writing is a masterful exploration of the human condition, delving into themes of identity, culture, and social justice. Through her words, Chinonye paints vivid portraits of everyday African life, from the bustling markets of Nigeria's Lagos to the quiet villages of South Africa's countryside . With a keen eye for detail and a deep understanding of the complexities of Nigerian society, Chinonye's writing is both a testament to the country's rich cultural heritage and a powerful call to action for a brighter future. As a writer, Chinonye is a true storyteller, using her dexterity to educate, inspire, and uplift readers around the world.
