Money Laundering Trial: Malami Sent to Kuje as Court Revokes Bail

A new development unfolded on Friday in the ongoing trial of former Attorney-General of the Federation, Abubakar Malami, as a Federal High Court in Abuja ruled that his previous bail no longer subsists following the reassignment of the case.

The court held that since the matter is starting afresh before a new judge, all prior proceedings — including the bail earlier granted by Justice Emeka Nwite — have effectively lapsed, making it necessary for the defendants to file a new bail application.

The charges stem from a 16-count indictment filed by the Economic and Financial Crimes Commission (EFCC), accusing the former AGF of money laundering and unlawful acquisition of assets allegedly valued at over N8.7 billion.

At Friday’s sitting, prosecution counsel J.S. Okutepa announced his appearance and requested that the defendants take their pleas on the amended 16-count charge. Malami, alongside his son, Abdulaziz, and his wife, Asabe, each pleaded not guilty.

Following the pleas, the prosecution asked the court to set a date for trial.

However, defence counsel J.B. Daudu (SAN) urged the court to retain the earlier bail conditions granted by Justice Nwite, arguing that the Federal High Court operates as a single institution 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 newly assigned court has the authority to either uphold the earlier conditions or impose new ones. While indicating he would not push the argument further, he asked the court to ensure that any bail terms would guarantee the defendants’ appearance for trial.

The earlier bail terms required each defendant to post N500 million bail with one surety owning property in Maitama or Asokoro. They were also directed to deposit two international passports each with the court, while the Assistant Chief Registrar was mandated to verify the sureties’ residences.

Delivering her ruling, Justice Joyce Abdulmalik stated that when a case is reassigned and begins de novo, all prior proceedings are extinguished in law. She noted that there was no formal bail application before the court.

Although the defence sought to make an oral bail application, the court declined and directed counsel to file a proper motion and serve it on the prosecution. A short adjourned date would then be fixed to hear the application.

The defence also informed the court that scheduling trial dates might be challenging, as the first and second defendants were reportedly in the custody of the Department of State Services (DSS) and were unreachable.

The court, however, said 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 responded that the defendants were not in its custody and that it had no authority to compel the DSS to produce them.

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