A Federal High Court in Abuja on Friday voided the earlier bail granted to former Attorney-General of the Federation, Abubakar Malami, ruling that the bail no longer stands following the reassignment of his case.
The court held that since the matter had commenced afresh before it, all previous proceedings — including the bail earlier granted by Emeka Nwite — were legally extinguished, making a fresh bail application necessary.
The Economic and Financial Crimes Commission had filed a 16-count charge against Malami 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 announced appearance and requested that the pleas of the defendants be taken on the amended charge. Malami, his son Abdulaziz and his wife Asabe each pleaded not guilty.
Following the plea, the prosecution asked the court to fix a trial date. However, the defence, led by J.B. Daudu (SAN), urged the court to maintain the earlier bail conditions, arguing that the Federal High Court operates as a single court 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 retained discretion to adopt the earlier terms or impose fresh conditions to guarantee the defendants’ attendance at trial.
In her ruling, the presiding judge, Joyce Abdulmalik, stated that when a case begins afresh due to reassignment, earlier proceedings are nullified in law.
Although the defence admitted that no formal bail application had been filed, it sought to make an oral request.
The court declined, directing the defence to submit a formal application and serve it on the prosecution before a hearing date could be fixed.
Defence counsel also told the court that scheduling a trial date could be challenging because Malami and his son were in the custody of the Department of State Services and were not readily accessible.
The court responded that it could not speculate on the position of any party and noted that ensuring the defendants’ availability rests with the prosecution.
The prosecution, however, maintained that the defendants were not in its custody and that it could not compel the DSS to produce them.
Justice Abdulmalik subsequently adjourned the case to March 6 for 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 be remanded at the Suleja Correctional Centre.
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