The trial of former Attorney-General of the Federation, Abubakar Malami, took a new turn on Friday after a Federal High Court in Abuja nullified the bail earlier granted to him following the reassignment of his alleged money laundering case.
The court held that since the matter had commenced afresh before a new judge, all previous proceedings, including the bail earlier granted by Justice Emeka Nwite, automatically lapsed, making a fresh bail application necessary.
The Economic and Financial Crimes Commission had filed a 16-count charge against Malami, accusing him of money laundering and unlawful acquisition of assets valued at over N8.7bn.
At the resumed proceedings, the prosecution counsel, J.S. Okutepa, announced his appearance and requested that the defendants take their pleas on the amended charge. Malami, alongside his son, Abdulaziz, and his wife, Asabe, pleaded not guilty to all counts.
Following the plea, the prosecution urged the court to fix a date for trial, while defence counsel, J.B. Daudu (SAN), asked the court to retain the earlier bail conditions, arguing that the defendants had already been admitted to bail by a court of coordinate jurisdiction.
In response, the prosecution acknowledged the earlier bail but maintained that the new court possessed the discretion to either adopt the previous terms or impose fresh conditions capable of guaranteeing the defendants’ attendance throughout the trial.
Delivering her ruling, Justice Joyce Abdulmalik held that where a case begins afresh due to reassignment, earlier proceedings are extinguished in law. She declined the defence’s oral bail request and directed counsel to file a formal application to be served on the prosecution for consideration on the next adjourned date.
The defence further informed the court that fixing a trial date might be challenging because the first and second defendants were allegedly in the custody of the Department of State Services. The court, however, stated that it could not speculate on the status of any party and emphasised that it was the prosecution’s responsibility to ensure the defendants’ presence.
The prosecution countered that the defendants were not in its custody and noted that it lacked the authority to compel the Department of State Services to produce them before the court.
Justice Abdulmalik subsequently adjourned the matter until March 6 for the hearing of the bail application and commencement of trial, ordering that Malami and his son be remanded at the Kuje Correctional Centre, while his wife was remanded at the Suleja Correctional Centre.
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