Proceedings in the alleged money laundering trial of former Attorney-General of the Federation, Abubakar Malami, witnessed a fresh development on Friday as a Federal High Court in Abuja set aside the bail earlier granted to him following the reassignment of the case.
The court ruled that since the trial had started anew before a different judge, every prior step taken in the matter, including the bail approved by Justice Emeka Nwite, had legally ceased to exist, thereby requiring a new bail application.
The Economic and Financial Crimes Commission is prosecuting Malami on a 16-count charge bordering on alleged money laundering and unlawful acquisition of assets said to be worth more than N8.7bn.
During the resumed hearing, prosecution counsel J.S. Okutepa informed the court of his appearance and requested that the defendants enter their pleas on the amended charge. Malami, his son Abdulaziz, and his wife Asabe each pleaded not guilty to the allegations.
After the arraignment, the prosecution asked the court to fix dates for trial, while defence counsel, J.B. Daudu (SAN), urged the court to maintain the earlier bail terms, arguing that the defendants had already been granted bail by a court of equal jurisdiction.
Responding, the prosecution acknowledged the previous bail but submitted that the new court retained the authority to either uphold the earlier conditions or impose fresh ones capable of ensuring the defendants’ attendance throughout the trial.
In her decision, the presiding judge, Justice Joyce Abdulmalik, held that once a matter is reassigned and begins afresh, earlier proceedings become invalid in law. She rejected the defence’s oral bail request and directed counsel to file a formal application to be served on the prosecution ahead of its hearing.
The defence also informed the court that scheduling trial dates might be difficult because the first and second defendants were reportedly in the custody of the Department of State Services. The judge, however, stated that the court could not rely on assumptions and stressed that ensuring the defendants’ presence remained the responsibility of the prosecution.
The prosecution maintained that the defendants were not under its custody and added that it lacked the power to compel the Department of State Services to produce them in court.
Justice Abdulmalik thereafter adjourned the case 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 pending further proceedings.
