Amanze Chinonye
The trial of former Attorney-General of the Federation, Abubakar Malami (SAN), took a dramatic turn on Friday after a Federal High Court in Abuja nullified the bail earlier granted to him, ruling that it ceased to have effect following the reassignment of the case.
Delivering a ruling after the defendants were re-arraigned, Justice Joyce Abdulmalik held that because the matter had started afresh before her court, all prior proceedings including the bail granted by Justice Emeka Nwite were extinguished in law. She directed the defence to file a formal bail application for consideration.
Malami is facing prosecution by the Economic and Financial Crimes Commission (EFCC) on an amended 16-count charge alleging money laundering and unlawful acquisition of assets said to be worth more than ₦8.7 billion. Also charged are his son, Abdulaziz Malami, and his wife, Asabe Bashir.
Join our WhatsApp ChannelAt the resumed proceedings, prosecution counsel J.S. Okutepa applied for the defendants’ pleas to be taken on the amended charge. The three defendants each pleaded not guilty.
Following the plea, the prosecution asked the court to fix a date for trial. However, the defence team, led by J.B. Daudu (SAN), urged the court to allow the bail earlier granted by Justice Nwite to continue, arguing that the Federal High Court operates as one court and that the defendants had already perfected their bail conditions.
The prosecution conceded that bail had been granted previously but argued that the trial court retained the discretion to either adopt the earlier conditions or impose fresh ones. He further submitted that any bail terms imposed should be sufficient to secure the defendants’ attendance throughout the trial.
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Under the previous ruling, each defendant was admitted to bail in the sum of ₦500 million with one surety who must own landed property in Maitama or Asokoro, Abuja. They were also required to deposit two international passports each, while the Assistant Chief Registrar was mandated to verify the addresses of the sureties.
Justice Abdulmalik declined the defence’s request to make an oral bail application, insisting on a properly filed motion to be served on the prosecution before it could be heard. She stated that the legal effect of a fresh commencement of proceedings was that earlier decisions could not automatically carry over.
During exchanges on fixing a trial date, defence counsel informed the court that the first and second defendants were allegedly being held by the Department of State Services and were unreachable, which could complicate scheduling. The court responded that it could not act on speculation and stressed that ensuring the presence of the defendants was the responsibility of the prosecuting authority. The prosecution, in turn, maintained that the defendants were not in its custody and that it lacked the power to compel the DSS to produce them.
The court subsequently adjourned the matter to March 6 for the hearing of the bail application and the commencement of trial. Pending that date, 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.
The development means the former chief law officer of the federation and his family members will remain in custody until the court determines their fresh bail request.
Amanze Chinonye is a Staff Correspondent at Prime Business Africa, a rising star in the literary world, weaving captivating stories that transport readers to the vibrant landscapes of Nigeria and the rest of Africa. With a unique voice that blends with the newspaper's tradition and style, Chinonye's writing is a masterful exploration of the human condition, delving into themes of identity, culture, and social justice. Through her words, Chinonye paints vivid portraits of everyday African life, from the bustling markets of Nigeria's Lagos to the quiet villages of South Africa's countryside . With a keen eye for detail and a deep understanding of the complexities of Nigerian society, Chinonye's writing is both a testament to the country's rich cultural heritage and a powerful call to action for a brighter future. As a writer, Chinonye is a true storyteller, using her dexterity to educate, inspire, and uplift readers around the world.
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