Jibrin Okutepa, lead counsel to the Economic and Financial Crimes Commission (EFCC), says the anti-graft agency has not received any court order directing the release of Abubakar Malami, former attorney-general of the federation (AGF) and minister of justice.
Malami is currently in EFCC custody over allegations of
money laundering, abuse of office, and terrorism financing.
His application for bail from a Federal Capital Territory
(FCT) high court was dismissed on December 18.
In his ruling, Babangida Hassan, the trial judge, held that
the former justice minister was being lawfully detained pursuant to a valid
court order.
However, Okutepa said claims had begun circulating that
Malami had secured bail through an ex-parte order allegedly granted on December
23, prompting public inquiries directed at him as prosecuting counsel.
In a statement issued on Wednesday, Okutepa said he was
compelled to clarify the situation following reports attributed to an
individual claiming to be an aide to Malami.
“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,” the statement reads,
“I just read of the alleged orders on social media when my
attention was drawn to it and forwarded to me.”
He questioned the propriety of granting bail to a criminal
suspect through an ex-parte application without notifying the detaining
authority.
“But let me say it with respect that within my limited
knowledge of law and given the facts as I know and which facts are also known
to Abubakar Malami SAN and his legal team, 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,” Okutepa said.
“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.”
The senior advocate of Nigeria (SAN) said an earlier order
issued by S.C. Oriji, judge of the FCT high court, on December 10 authorised
Malami’s remand in EFCC custody for 14 days pending investigation.
“That order is still existing and has not been set aside,”
he said.
“That order was served on Abubakar Malami SAN, and his legal
team are fully aware of these orders.”
Okutepa added that despite the subsisting remand order,
Malami’s lawyers filed another bail application before a different FCT high
court, alleging unlawful detention.
He said the EFCC opposed the application and indicated that
Malami was being held pursuant to valid court orders.
“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,” he said.
“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.”
According to Okutepa, the rulings delivered on December 10
and December 18 remain in force.
He expressed surprise that Malami’s legal team, despite
being aware of those orders, allegedly sought bail through an ex-parte
application before another judge.
“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,”
he said.
“These explanations have become necessary to avoid the
public being misled by unnecessary grandstanding of the press statement from
the so-called aide of Abubakar Malami SAN, as if I have not guided EFCC
properly.”
Okutepa maintained that the former minister’s detention
remains lawful.
“Abubakar Malami SAN is being lawfully detained upon valid
and subsisting court orders,” he said.
Meanwhile, the EFCC has filed a 16-count charge against
Malami.
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