EFCC’s Open Defiance of Court Order, Continued Illegal Detention, and Media Trial of Abubakar Malami, SAN

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EFCC’s Open Defiance of Court Order, Continued Illegal Detention, and Media Trial of Abubakar Malami, SAN

From: Office of Abubakar Malami, SAN

Date: 23 December 2025

The Office of Abubakar Malami, SAN, former Attorney General of the Federation and Minister of Justice, issues this press release to formally alert the Nigerian public and the international community to the brazen, contemptuous, and lawless conduct of the Economic and Financial Crimes Commission (EFCC) in its handling of matters concerning Mr. Malami.

Following the clear and unequivocal court order granted by the High Court of the Federal Capital Territory, Abuja, on 23 December 2025, admitting Abubakar Malami, SAN, to bail on already fulfilled conditions, officials of the EFCC were formally served with the court process. Rather than comply with the authority of the court, the Commission refused to accept the court-backed letter, chased away the bailiff, and insisted on the continued detention of Mr. Malami in blatant defiance of the law.

This conduct represents nothing short of institutional lawlessness. The EFCC, an agency created by statute and bound by the Constitution, has chosen to elevate itself above the courts, arrogating to itself powers it does not possess and treating binding judicial orders with open disdain.

More troubling is the fact that, despite revoking bail and detaining Mr. Malami for over fourteen (14) days, the EFCC has failed, refused, or neglected to arraign him before any court of competent jurisdiction. This prolonged detention without arraignment is illegal, unconstitutional, and oppressive, and amounts to a gross violation of Mr. Malami’s fundamental rights.

It is worthy of note that the EFCC is currently detaining Abubakar Malami, SAN, solely on the strength of a High Court order that permitted his detention for a maximum period of fourteen (14) days, an order which expires today. Even without regard to the separate bail granted by another High Court of competent jurisdiction, the EFCC was legally obligated to either release him immediately or arraign him before a court today. It has done neither. This deliberate inaction is a further and damning confirmation of the EFCC’s vendetta, its blatant disregard for the rule of law, and its dangerous descent into tyranny and abuse of power.

Rather than submit itself to due process, the EFCC has instead embarked on an orchestrated media trial, feeding selective narratives to the press in a deliberate attempt to poison public opinion, destroy reputations, and secure convictions in the court of public sentiment after failing to do so in a court of law. This is a dangerous abuse of power and a direct assault on the principles of justice, fairness, and the rule of law.

The Commission’s actions leave no doubt that it has abandoned its statutory mandate and allowed itself to be deployed as a tool of political persecution. When an anti-corruption agency begins to disobey court orders, detain citizens indefinitely, and weaponize the media, it ceases to be an instrument of justice and becomes a threat to democracy itself.

We remind the EFCC that court orders are not suggestions. They are binding commands of the law. Selective obedience to judicial authority is the clearest pathway to anarchy, and Nigeria must not be allowed to descend into a state where security agencies choose which laws to obey and which to ignore.

Abubakar Malami, SAN, has repeatedly stated his readiness to submit himself fully to due process and to have any allegation determined strictly by a court of law. What he rejects—rightly so—is trial by detention, trial by media, and trial by political vendetta.

The Office of Abubakar Malami, SAN, therefore calls on:

 • The judiciary to take urgent notice of this open contempt of court;

 • Relevant oversight bodies to hold the EFCC accountable for its serial violations of the law; and

 • Nigerians of conscience to speak out against the dangerous precedent being set by the Commission’s actions.

No agency, no matter how powerful, is above the law.

Signed:

Mohammed Bello Doka

Special Assistant on Media

To Abubakar Malami, SAN

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