A DRAMATIC twist unfolded on Friday in the trial of former Attorney-General of the Federation and Minister of Justice, Abubakar Malami, as a Federal High Court in Abuja ruled that his earlier bail no longer subsists following the reassignment of his case.
News Point Nigeria reports that the presiding judge, Joyce Abdulmalik, held that since the matter had commenced afresh before her court, all previous proceedings including the bail earlier granted by Emeka Nwite were legally extinguished.
The ruling means the former AGF must file a fresh bail application before the court can consider his release.
The Economic and Financial Crimes Commission (EFCC) had filed a 16-count amended charge against Malami, accusing him of money laundering and unlawful acquisition of assets allegedly valued at over N8.7 billion.
At the resumed proceedings, the prosecution counsel, J.S. Okutepa, informed the court of the amended charge and applied for the defendants’ pleas to be taken.
Malami, alongside his son, Abdulaziz Malami, and his wife, Asabe Malami, each pleaded not guilty to the allegations.
Following their pleas, the prosecution urged the court to fix a date for trial.
Counsel to the defendants, J.B. Daudu (SAN), argued that the earlier bail conditions granted by Justice Nwite should remain in force, contending that the Federal High Court is a single court regardless of judicial reassignment.
He maintained that the defendants had already been admitted to bail and urged the court to sustain the existing conditions.
Responding, the prosecution acknowledged that bail had previously been granted but submitted that the new court retained the discretion to either adopt the former conditions or impose fresh ones.
Okutepa, however, noted that he would not vigorously contest the issue, provided the court imposed conditions sufficient to guarantee the defendants’ attendance at trial.
Under the earlier ruling, each defendant was granted bail in the sum of N500 million, with one surety each required to own property in Abuja’s Maitama or Asokoro districts.
They were also ordered to deposit two international passports each with the court. Additionally, the residences of the sureties were to be verified by the Assistant Chief Registrar.
In her ruling, Justice Abdulmalik stated that where a case begins anew following reassignment, all prior proceedings are terminated in law.
The defence conceded there was no formal bail application before the court and sought to move an oral application. The court declined, directing that a proper written application be filed and served on the prosecution.
The judge assured parties that a short adjourned date would be fixed for hearing the bail motion.
Further complicating proceedings, the defence informed the court that fixing a trial date could prove difficult because the first and second defendants were allegedly in the custody of the Department of State Services (DSS) and were unreachable.
Justice Abdulmalik responded that the court could not speculate on the status of any party and emphasised that the prosecution bore responsibility for ensuring the defendants’ availability.
The prosecution countered that the defendants were not in its custody and that it lacked the authority to compel the DSS to produce them.
Justice Abdulmalik subsequently adjourned the matter until March 6 for hearing of the fresh bail application and commencement of trial.
Pending the determination of bail, she ordered that Malami and his son be remanded at the Kuje Correctional Centre, while his wife be remanded at the Suleja Correctional Centre.