Court nullifies Malami, wife, son’s bail, remands trio in ‘money laundering’ case

A fresh development occurred on Friday in the trial of former attorney-general of the federation, Abubakar Malami, his wife, Asabe Bashir; and their son, Abdulaziz, over alleged money laundering offences.

This is as a federal high court in Abuja has ruled that thier earlier bail no longer subsists following the reassignment of the case.

The court held that since the matter commenced afresh before it, all previous proceedings, including the bail earlier granted by Justice Emeka Nwite, were extinguished in law, making a fresh bail application necessary.

The Economic and Financial Crimes Commission (EFCC) had filed a 16-count charge against the former AGF over alleged money laundering and unlawful acquisition of assets said to be worth over N8.7 billion.

At the resumed hearing, the prosecution counsel, J.S. Okutepa, announced his appearance and applied for the defendants’ pleas to be taken on the amended 16-count charge.

Malami, his son Abdulaziz, and his wife Asabe each pleaded not guilty to the charges.

Following the plea, the prosecution asked the court to fix a date for trial.

The defence counsel, J.B. Daudu (SAN), urged the court to uphold the earlier bail conditions granted by Justice Nwite, arguing that the Federal High Court is one court and that the defendants had already been admitted to bail.

In response, the prosecution acknowledged that bail had previously been granted but maintained that the present court retained the discretion to either adopt the former conditions or impose new ones. He added that appropriate conditions should be set to ensure the defendants’ attendance at trial.

The earlier bail terms included N500 million bail each, with one surety apiece who must own property in Maitama or Asokoro. The defendants were also required to deposit two international passports each with the court, while the sureties’ residences were to be verified by the Assistant Chief Registrar.

In her ruling, Justice Joyce Abdulmalik of the Federal High Court stated that where a case begins afresh due to reassignment, prior proceedings are deemed terminated.

Although the defence conceded that no formal bail application was before the court, it sought to make an oral application. The court declined the request and directed the defence to file a formal bail application and serve it on the prosecution, after which a short adjourned date would be fixed for hearing.

The defence further told the court that fixing a trial date might be challenging as the first and second defendants were allegedly in the custody of the Department of State Services (DSS) and unreachable.

The court responded that it could not speculate on the position of any party and that it was the prosecution’s responsibility to ensure the defendants’ presence in court. The prosecution, however, said the defendants were not in its custody and that it could not compel the DSS to produce them.

Justice Abdulmalik adjourned the matter until March 6 for the 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 be remanded at the Suleja Correctional Centre.