A Federal High Court sitting in Abuja on Friday nullified the earlier bail granted to former Attorney-General of the Federation, Abubakar Malami, following the reassignment of his criminal case, ordering that he be remanded at the Kuje Correctional Centre pending a fresh bail application.
The Economic and Financial Crimes Commission had filed an amended 16-count charge against Malami, his son, Abdulaziz, and his wife, Asabe, alleging money laundering and unlawful acquisition of assets worth over N8.7 billion.
At the resumed hearing, the prosecution team, led by J.S. Okutepa, asked the court to take the pleas of the defendants. All three defendants entered not-guilty pleas.
After the plea, the prosecution requested an immediate trial date, but the defence counsel, J.B. Daudu (SAN), urged the court to retain the bail conditions earlier granted by Justice Emeka Nwite, arguing that the Federal High Court “is one court” and that the defendants had already been admitted to bail.
Responding, the prosecution acknowledged the earlier bail ruling but maintained that the presiding court had the authority to decide whether to adopt or issue fresh conditions.
“While we recognise the earlier bail, this court is at liberty to impose fresh conditions capable of ensuring the defendants’ attendance,” the prosecution stated.
In her ruling, Justice Joyce Abdulmalik held that the earlier bail had no legal effect due to the fresh commencement of proceedings.
“Where a case begins afresh as a result of reassignment, earlier proceedings are extinguished in law,” she said.
The defence conceded that no formal bail application had been filed but attempted to make an oral request. The court declined, directing the defence to file a formal bail application and serve the prosecution, after which a short adjourned date would be given for hearing.
The defence further complained that fixing an early trial date might be challenging because the first and second defendants were reportedly in the custody of the Department of State Services and unreachable. The court refused to act on speculation.
“This court cannot proceed based on assumptions. It is the responsibility of the prosecution to ensure the defendants’ appearance,” Justice Abdulmalik stated.
However, the prosecution clarified that the defendants were not in its custody and that it could not compel the DSS to produce them.
After hearing both sides, the judge adjourned the matter until March 6 for hearing of the bail application and the commencement of trial.
She ordered that Malami and his son be remanded at the Kuje Correctional Centre, while his wife be held at the Suleja Correctional Centre.
