BREAKING: Court Grants Malami Interim Bail in EFCC Case

The High Court of the Federal Capital Territory (FCT), Abuja Judicial Division, has granted interim bail to a former Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN, in an ongoing matter involving the Economic and Financial Crimes Commission (EFCC).

The ruling was delivered on Tuesday, December 23, 2025, by Hon. Justice Bello Kawu while presiding over Motion No: M/17220/2025. The decision followed an application filed by Malami’s legal team, seeking temporary relief pending the hearing and determination of a substantive motion on notice before the court.

In granting the application, Justice Kawu ordered that Malami be released on interim bail under the same conditions earlier proposed and considered by the EFCC. These conditions include the surrender of his international passport and the execution of bail bonds by two credible sureties.

According to the court order, the sureties are to be senior public office holders. They include the Director-General of the Nigerian Legal Aid Council and a serving member of the House of Representatives representing the Augie/Argungu Federal Constituency in Kebbi State. The court held that the status and positions of the sureties were sufficient to guarantee Malami’s continued availability for trial.

The judge also reviewed and revalidated earlier bail conditions that had reportedly been fulfilled by the former Attorney-General. These conditions, dated November 28, 2025, required the provision of the two sureties as well as the surrender of Malami’s international travel document to prevent him from leaving the country without the court’s permission.

In his ruling, Justice Kawu noted that the decision to grant interim bail was informed by the principle of fairness and the need to prevent what the court described as “exceptional hardship” to the applicant. He stressed that the bail was temporary in nature and would subsist only pending the hearing and determination of the substantive motion on notice already before the court.

“The application for bail is hereby granted on grounds of exceptional hardship,” the judge ruled, adding that the court retains the power to vary or revoke the bail should there be any breach of the conditions imposed.

The case has been adjourned to January 5, 2026, for the hearing of the motion on notice, during which the court is expected to consider the substantive issues raised by both parties in the matter. The adjournment is aimed at allowing all sides adequate time to prepare their arguments.

The interim bail order was issued under the official seal of the High Court of Justice, Abuja, and was duly signed by the court’s Registrar, Hadiza Sambo Gwandu, lending formal authority to the ruling.

An impeccable source familiar with the proceedings confirmed the development, stating that Malami has accepted all the conditions laid down by the EFCC and the court. The source added that the former Attorney-General has complied with the bail requirements and is expected to remain within the jurisdiction of the court pending the next hearing date.

Although details of the allegations being investigated by the EFCC were not fully disclosed in court, the case has attracted significant public interest due to Malami’s high-profile role in the previous administration. As Attorney-General of the Federation, Malami was the country’s chief law officer and played a central role in several major legal and policy decisions during his tenure.

Legal analysts say the granting of interim bail does not in any way amount to a declaration of innocence, but rather reflects the court’s duty to balance the rights of the accused with the interests of justice. They also note that courts often grant bail in circumstances where the applicant is deemed unlikely to interfere with investigations or evade trial.

As the matter proceeds, all eyes will be on the January 2026 hearing, which is expected to provide further clarity on the direction of the case and the legal arguments to be canvassed by both the EFCC and Malami’s defence team. Until then, the former Attorney-General remains bound by the strict bail conditions imposed by the court.