A Federal High Court in Abuja on Friday nullified the earlier bail granted to former Attorney-General of the Federation and Minister of Justice, Abubakar Malami, ordering his remand following the reassignment of his case.
The court ruled that since the matter commenced afresh before it, all previous proceedings, including the bail earlier granted by Justice Emeka Nwite, had lapsed. The judge held that a fresh bail application must be filed.
The Economic and Financial Crimes Commission has filed an amended 16-count charge against Malami, accusing him of money laundering and unlawful acquisition of assets valued at over N8.7 billion.
At the resumed hearing, prosecution counsel J.S. Okutepa applied for the defendants’ pleas to be taken on the amended charges. Malami, alongside his son, Abdulaziz, and his wife, Asabe, pleaded not guilty.
Following the plea, the prosecution asked the court to set a date for trial. Defence counsel, J.B. Daudu (SAN), urged the court to retain the bail conditions earlier imposed, arguing that the Federal High Court is a single entity and that the defendants had already been admitted to bail.
In response, the prosecution acknowledged the earlier bail but maintained that the new court had the discretion to either adopt the previous terms or impose new ones to ensure the defendants’ attendance at trial.
Justice Joyce Abdulmalik ruled that when a case begins anew due to reassignment, previous proceedings are extinguished in law. She declined an oral bail application by the defence and directed counsel to file a formal application to be served on the prosecution, promising a short adjournment for hearing.
The defence informed the court that fixing a trial date might be challenging, stating that Malami and his son were currently in the custody of the Department of State Services and were unreachable. The court, however, said it could not speculate and stressed that it was the prosecution’s duty to ensure the defendants’ presence.
The prosecution countered that the defendants were not in its custody and that it lacked the authority to compel the DSS to produce them.
The matter was adjourned until March 6 for hearing of the bail application and commencement of trial.
Justice Abdulmalik ordered that Malami and his son be remanded at the Kuje Correctional Centre, while his wife was to be held at the Suleja Correctional Centre pending further proceedings.
