James Adamu in Abuja
The lead prosecution counsel in the N8.7 billion money laundering case against former Attorney-General of the Federation, Abubakar Malami, SAN, has publicly challenged the legality of a reported ex parte order said to have granted his client bail.
Chief Jibrin Samuel Okutepa, SAN, lead counsel for the Economic and Financial Crimes Commission (EFCC), stated categorically that neither the anti-graft agency nor his law firm had been served with any such court order.
He described the reported ruling, allegedly made on December 23, 2025, as “bizarre and surprising.”
Okutepa’s comments, issued via a statement on his X handle on Wednesday, come in response to widespread reports and a statement from an aide to Malami accusing the EFCC of unlawfully detaining the former minister for 14 days in defiance of a court order.
The senior advocate argued that it would be highly irregular and an abuse of court process for any court to grant bail ex parte—that is, without hearing from the detaining authority—to a criminal suspect.
“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,” Okutepa stated.
He clarified that his only awareness of the alleged bail order came through social media and inquiries from concerned colleagues and the public.
Okutepa emphasised that a valid and subsisting order from Justice S.C. Oriji of the FCT High Court, issued on December 10, 2025, remains in effect. That order legally sanctioned Malami’s remand in EFCC custody for 14 days pending the conclusion of investigations and was properly served on the suspect and his legal team.
The development highlights a sharp legal dispute, with Malami’s legal team reportedly filing a fresh bail application at the FCT High Court in Nyanya, claiming illegal detention, while the prosecution insists its initial remand order is valid and unchallenged by any properly served subsequent ruling.
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