By Achile Danjuma
A fresh twist emerged in the trial of former Attorney-General of the Federation, Abubakar Malami, on Friday, as a Federal High Court in Abuja ruled that his earlier 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 granted by Justice Emeka Nwite — were deemed terminated, thereby requiring a fresh bail application.
The EFCC had filed a 16-count charge against the former AGF, over alleged money laundering and unlawful acquisition of assets running into over N8.7 billion.
At the resumed hearing, the prosecution, led by J.S. Okutepa, announced appearance and applied that the pleas of the defendants be taken on the amended 16-count charge.
Malami, his son, Abdulaziz, and his wife, Asabe, each pleaded not guilty to the amended charges.
Following the plea, the prosecution urged the court to fix a date for trial.
The defence, led by J.B. Daudu (SAN), however, asked the court to sustain the earlier bail conditions granted by Justice Nwite, arguing that the Federal High Court is one court and that the defendants had already been admitted to bail.
Responding, the prosecution acknowledged that bail had previously been granted but argued that the new court retained the discretion to either adopt the earlier conditions or impose fresh ones.
He added that while he would not press the issue further, the court should impose conditions capable of ensuring the defendants’ attendance at trial.
Recall that the earlier bail conditions included N500m bail each, with one surety each who must own property in Maitama or Asokoro. The defendants were also required to deposit two international passports each with the court, while the residences of the sureties were to be verified by the Assistant Chief Registrar.
In her ruling, the presiding judge, Justice Joyce Abdulmalik, held that where a case begins afresh due to reassignment, earlier proceedings are extinguished in law.
The defence conceded that there was no formal bail application before the court but sought to make an oral application.
The court declined, directing the defence to file a formal bail application and serve it on the prosecution, after which a short adjourned date would be given for hearing.
The defence further informed the court that fixing a trial date could pose difficulties because 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 that the prosecution had a duty to ensure the defendants’ availability.
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 matter till March 6 for the hearing of the bail application and commencement of the 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.