A new development unfolded on Friday in the trial of former Attorney-General of the Federation, Abubakar Malami, as a Federal High Court in Abuja ruled that the bail earlier granted to him no longer stands following the reassignment of the case.
The court held that since the matter had commenced afresh before it, all previous proceedings — including the bail granted by Justice Emeka Nwite — had been extinguished in law. The defendants were therefore directed to file a fresh bail application.
Malami is facing a 16-count charge filed by the Economic and Financial Crimes Commission over alleged money laundering and unlawful acquisition of assets valued at more than N8.7 billion.
At the resumed hearing, prosecution counsel J.S. Okutepa applied for the defendants’ pleas to be taken on the amended charge. Malami, alongside his son, Abdulaziz, and his wife, Asabe, pleaded not guilty to all counts.
Following the plea, the prosecution asked the court to fix a date for trial. However, defence counsel J.B. Daudu (SAN) urged the court to retain the earlier bail conditions, arguing that the Federal High Court is a single entity and that the defendants had already been admitted to bail.
The prosecution acknowledged that bail had previously been granted but maintained that the new court had the discretion to either adopt the former conditions or impose fresh ones to guarantee the defendants’ attendance.
In her ruling, Justice Joyce Abdulmalik stated that where a case begins afresh due to reassignment, earlier proceedings automatically lapse. She declined the defence’s oral application for bail and directed that a formal application be filed and served on the prosecution.
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The defence also told the court that fixing a trial date might be challenging because Malami and his son were reportedly in the custody of the Department of State Services and were unreachable. The court responded that it could not speculate on such claims and that the prosecution had a duty to ensure the defendants’ presence in court.
The prosecution, however, insisted that the defendants were not in its custody and that it could not compel the DSS to produce them.
Justice Abdulmalik adjourned the case until March 6 for hearing of the bail application and commencement of trial. She ordered that Malami and his son be remanded at the Kuje Correctional Centre, while his wife was remanded at the Suleja Correctional Centre.
