Court Remands Malami, Wife, Son; Demands New Bail Filing
A Federal High Court in Abuja has ordered the remand of former Attorney-General of the Federation, Abubakar Malami, his son and his wife, directing that a fresh bail application be filed after ruling that earlier proceedings in the matter were terminated following the case’s reassignment.
Justice Joyce Abdulmalik made the order after the three defendants pleaded not guilty to a 16-count amended charge brought against them. The matter was being heard for the first time before the new judge.
At the commencement of proceedings, J.S. Okutepa appeared for the prosecution, while J.B. Daudu represented the defence. The prosecution applied for the defendants’ pleas to be taken on the amended charge, which the court granted.
After the pleas were entered, the prosecution requested a trial date. The defence, however, urged the court to maintain the bail conditions earlier granted by Justice Emeka Nwite, arguing that the Federal High Court is a single court despite changes in judicial assignment.
In response, the prosecution acknowledged that Justice Nwite had previously admitted the defendants to bail. He submitted, however, that while the Federal High Court remains one court, the current judge retains the discretion to either adopt the earlier bail terms or impose new conditions, provided the defendants satisfy them. He urged the court to set conditions that would ensure the defendants’ attendance at trial.
The earlier bail terms required each defendant to post ₦500 million bail with one surety each who must own property in Maitama or Asokoro. They were also directed to deposit two international passports each with the court. The residences of the sureties were to be verified by the Assistant Chief Registrar, and the bail documents transmitted to the present court.
In her ruling, the judge held that where a case begins afresh, prior proceedings are deemed terminated, making it necessary for a fresh bail application to be filed.
The defence informed the court that no formal bail application was before it but sought to make an oral application. The judge declined and directed counsel to file a formal bail application and serve it on the prosecution, after which a short adjournment would be granted for hearing.
Defence counsel also expressed concern that fixing a trial date could pose challenges, stating that the first and second defendants were currently in the custody of the Department of State Services and were unreachable.
The court responded that it could not speculate on the position of any party and stated that it was the responsibility of the prosecution to ensure the defendants’ presence in court.
The prosecution, however, maintained that the defendants were not in its custody and that it could not compel the Department of State Services to produce them.
The matter was adjourned to March 6 for hearing of the bail application and commencement of trial. The court ordered that Malami and his son be remanded at Kuje Correctional Centre, while his wife is to be held at Suleja Correctional Centre.
