Chief Jibrin Samuel Okutepa, SAN, lead counsel to the Economic and Financial Crimes Commission (EFCC), has refuted claims that a court order directing the release of former Attorney-General of the Federation, Abubakar Malami, SAN, has been served on the anti-graft agency in the ongoing N8.7 billion alleged money laundering case.

In a statement on Wednesday via X, Okutepa clarified that neither the EFCC nor his law office had received any court order granting Malami bail, contrary to circulating reports.

He noted that he had been inundated with calls from colleagues and members of the public questioning why the EFCC had not released Malami, following claims that an ex parte court order granting bail was issued on December 23, 2025.

Okutepa explained that the claims stemmed from a press statement purportedly issued by an aide to Malami, accusing the EFCC of illegally detaining the former minister for 14 days in defiance of a court order.

“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,” he said.

He added that he only became aware of the alleged order through social media and stressed that it would be “bizarre and surprising” for any court to grant bail ex parte to a criminal defendant without notifying the detaining authority.

The senior advocate also noted that such an application would constitute a gross abuse of the court process, particularly given the existence of valid court orders.

Okutepa 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. The order was duly served on Malami and his legal team and remains valid.

Despite this, he said Malami’s legal team filed a fresh bail application at the FCT High Court in Nyanya, alleging illegal detention. The EFCC opposed the application before Justice Babaginda Hassan on December 15, 2025, demonstrating that Malami’s detention was pursuant to a valid court order. The court dismissed the bail request in a ruling delivered on December 18, 2025.

“The orders of Justices Oriji and Hassan made on December 10 and December 18, 2025, respectively, are still extant and have not been set aside,” Okutepa stated.

He expressed surprise that Malami’s legal team, fully aware of these existing orders, could proceed to file an ex parte application before another court and that such an application could allegedly be granted without regard to earlier rulings.

Okutepa said his clarification was necessary to prevent public misinformation and emphasized that the EFCC was acting within the law.

“Abubakar Malami, SAN, is being lawfully detained upon valid and subsisting court orders,” he said.

His statement follows claims by Malami’s media aide, Mohammed Doka, that the former AGF was granted bail by the Federal Capital Territory Federal High Court on Tuesday. The EFCC has also filed 16 fresh court charges against Malami.