Justice Joyce Abdulmalik of the Federal High Court in Abuja has reversed earlier bail granted to former Attorney-General of the Federation, Abubakar Malami, on Friday and his son Abdulaziz as a result of the reassignment of the case.
She said with the case starting afresh before her, all previous proceedings — including the bail granted by Justice Emeka Nwite — had been terminated, thereby requiring a fresh basil application.
The Economic and Financial Crimes Commission (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.
When the hearing resumed, 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, urged the court to maintain the earlier bail conditions given by Justice Nwite, adding that the Federal High Court is one court and that the defendants had already been admitted to bail.
But the prosecution said the new court has the prerogative to either adopt the earlier conditions or impose fresh ones., adding that he would not press the issue further as the court should impose conditions capable of ensuring the defendants’ attendance at trial.
The earlier bail conditions included N500m bail each, with one surety each who must own property in Maitama or Asokoro while the defendants should to deposit two international passports each with the court, while the residences of the sureties were to be verified by the Assistant Chief Registrar.
While ruling, Justice Abdulmalik, said where a case begins afresh due to reassignment, earlier proceedings are extinguished in law, just as the concurred that there was no formal bail application before the court but sought to make an oral one.
The court declined, ordering 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 told 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 saying 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.
