Ex-AGF Malami Accuses EFCC of Blocking Court Order Service, Insists Bail Order Was Properly Served

Former Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN), has accused the Economic and Financial Crimes Commission (EFCC) of deliberately evading compliance with a valid court order granting him bail. Malami’s camp insists that contrary to the EFCC’s claims, the anti-graft agency was properly served with the order but allegedly refused to acknowledge or accept it.

In a statement issued by his Special Assistant on Media, Mohammed Bello Doka, Malami said a court bailiff visited the EFCC offices a day after the order was issued, but officials of the commission declined to receive the documents. According to Malami, such refusal does not invalidate service under Nigerian law, as attempted service and subsequent delivery to legal representatives are sufficient to establish notice of a court order.

Malami further disclosed that the same bail order was later received by the chambers of Chief J.S. Okutepa (SAN), a senior advocate linked to the EFCC, arguing that this conclusively established the commission’s awareness of the court directive. The former AGF maintained that the EFCC’s continued detention of him therefore amounts to an attempt to sidestep judicial authority.

The EFCC, however, has firmly rejected these claims. In an earlier statement, its lead counsel, Okutepa, described reports of an ex-parte bail order as misleading, bizarre, and professionally irresponsible. He insisted that neither the EFCC nor his law firm was served with any court order directing Malami’s release and said he only learned of the alleged order through social media reports.

Okutepa also recalled that on December 10, 2025, Justice S.C. Oriji of the FCT High Court ordered Malami’s remand in EFCC custody for 14 days pending investigations, an order he said remains valid and subsisting. He added that a subsequent bail application filed by Malami’s legal team before another FCT High Court was dismissed on December 18, 2025, with the court affirming that Malami was not being unlawfully detained.

The legal dispute has now escalated into a public standoff, with Malami accusing the EFCC of contempt and the commission warning against what it described as abuse of judicial process and attempts to mislead the public. The controversy has further intensified scrutiny of the EFCC’s handling of high-profile corruption cases and the enforcement of court orders in Nigeria.