Malami, EFCC in dispute over court order

A legal dispute has erupted between the Economic and Financial Crimes Commission (EFCC) and former Attorney-General of the Federation, Abubakar Malami, SAN, over the service and enforcement of a court order granting him bail in a matter involving the anti-graft agency.

The disagreement stems from a Federal High Court ruling in Abuja that reportedly granted Malami bail. However, the EFCC, through its legal team, insists it was never formally served with the court order and therefore cannot be held responsible for enforcing it.

Malami’s media office, in a statement, maintains that the court order was properly served in line with legal procedures. The statement said a court bailiff attempted to deliver the document at the EFCC’s office but was allegedly refused entry. It described the Commission’s claim of non-service as “incorrect and misleading.”

In response, the EFCC’s counsel, Barrister Okutepa, SAN, said the commission had no record of receiving the order and stressed that due process must be followed both in granting and delivering court directives.

The standoff has reignited debate on the responsibility of law enforcement agencies to respect court decisions, especially in matters involving bail. Legal analysts emphasised that bail is a constitutional right once granted by a competent court and must be upheld unless overturned by a higher court.

Some civil society groups have urged both sides to allow the judicial process to play out rather than engage in public exchanges, warning that public disagreements over court orders could undermine confidence in the justice system.

Observers say the outcome of the dispute is being watched as a test of institutional respect for the rule of law in high-profile cases involving powerful individuals.