Dalena Reporters l December 24, 2025
The Economic and Financial Crimes Commission (EFCC) has countered allegations that it is unlawfully detaining former Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN, despite a recent court-granted bail order insisting it has not been formally served with any such order. The denial comes amid a bitter public dispute between Malami’s camp and the anti-graft agency over his continued detention.
In a statement issued on Wednesday, the EFCC acknowledged that reports circulated this week suggested Malami had been released on bail by a High Court in Abuja on December 23, 2025, but emphasised that no certified court order has been received at the Commission’s headquarters or in any of its custody centres. The agency said it will comply with any properly served court directive once it is presented in accordance with established legal procedures.
The commission’s position directly challenges claims by Malami’s media team, which has accused the EFCC of defying the court’s orders and “illegally detaining” the ex-AGF despite fulfilling all bail conditions. Malami’s aides have also alleged that bailiffs were rebuffed when attempting to serve the EFCC with the court documentation.
EFCC lawyers maintain that Malami’s custody remains lawful because a remand order previously obtained from a Federal Capital Territory (FCT) High Court remains valid and has not been effectively reversed in favour of bail a legal distinction that the agency says must be reflected in formal, properly served court paperwork before it can effect release. This perspective aligns with earlier judicial decisions in the matter, including a separate ruling in which a bail application by Malami was dismissed on procedural grounds before the interim bail was later granted.
The starkly divergent accounts have ignited a legal and constitutional debate in Nigeria about judicial compliance, procedural formalities in serving court orders, and the rights of suspects during high-profile anti-corruption investigations. Both Malami’s camp and the EFCC have indicated they will seek clarity from the courts, with the matter now scheduled to continue when Malami’s case is reconvened on January 5, 2026.
Published by Dalena Reporters.