The legal team of former Attorney-General of the Federation, Abubakar Chika Malami, SAN, and the Economic and Financial Crimes Commission (EFCC) are locked in a legal dispute over whether a court order granting Malami bail was properly served on the anti-graft agency.
Malami’s lawyers have firmly rejected claims by the EFCC that it was not served with the bail order issued by a competent court in Abuja. The EFCC’s lead counsel had maintained that no such order directing Malami’s release was served on the commission.
However, Malami’s lead counsel, Barrister Abiodun Kolawale, described the EFCC’s position as false and misleading. Speaking through Malami’s media aide, Muhammad Bello Doka, Kolawale said the bail order was duly served on the EFCC a day after it was granted.
According to him, the court bailiff visited the EFCC but was allegedly chased away by officials of the commission. Kolawale argued that such refusal does not invalidate service nor diminish the authority of the court.
“The bailiff was chased away, but that does not invalidate the service of the court order nor negate the authority of a competent Abuja court. Therefore, the EFCC’s claim is incorrect and far from the truth,” Kolawale said.
He further disclosed that the order was subsequently received by the chambers of Barrister J.S. Okutepa, SAN, a senior lawyer linked to the EFCC, which, according to Malami’s camp, conclusively establishes that the commission had notice of the order.
Kolawale insisted that the bail order remains valid and subsisting, accusing the EFCC of denying receipt as a pretext to justify Malami’s continued detention. He urged the commission to respect the rule of law and comply with the court’s directive.
On its part, the EFCC has denied acting in defiance of any court order. Its lead counsel, Chief J.S. Okutepa, SAN, said no bail order granting Malami’s release had been served on either the EFCC or his law firm at the time of his statement.
Okutepa described reports of an ex-parte bail order as misleading and professionally irresponsible, stressing that granting bail ex-parte to a criminal defendant without putting the detaining authority on notice would be highly irregular.
He recalled that on December 10, 2025, Justice S.C. Oriji of the FCT High Court ordered that Malami be remanded in EFCC custody for 14 days pending the conclusion of investigations. He said the order remains valid and has not been set aside.
Okutepa further explained that Malami’s legal team later filed a bail application before another FCT High Court sitting in Nyanya, alleging unlawful detention. He said the application was heard by Justice Babangida Hassan, who dismissed it on December 18, 2025, affirming that Malami’s detention was lawful and backed by a subsisting court order.
According to him, the rulings delivered by Justices Oriji and Hassan are still in force and binding.
The EFCC counsel expressed surprise that Malami’s legal team could allegedly approach another court for an ex-parte bail order without disclosing the existence of earlier court decisions, describing the move as an abuse of judicial process.
The disagreement has deepened public debate over compliance with court orders, due process, and the rule of law, as both sides maintain opposing positions on the legality of Malami’s continued detention.
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