The trial of a former Attorney-General of the Federation, Abubakar Malami, took a dramatic turn on Friday as a Federal High Court in Abuja nullified the bail earlier granted to him and ordered his remand in a correctional facility.
The court ruled that the previous bail ceased to have effect following the reassignment of the case, noting that the proceedings had commenced afresh before it.
Justice Joyce Abdulmalik, who is now handling the matter, held that all prior decisions made in the case — including the bail granted by Justice Emeka Nwite — were extinguished by law due to the fresh hearing.
The Economic and Financial Crimes Commission had slammed a 16-count amended charge on Malami, accusing him of money laundering and unlawful acquisition of assets allegedly valued at over N8.7bn.
At the resumed sitting, prosecution counsel, J.S. Okutepa, informed the court of his appearance and urged that the defendants take their pleas on the amended charge.
Malami, alongside his son, Abdulaziz, and his wife, Asabe, pleaded not guilty to the allegations.
Following the plea, the prosecution asked the court to fix a date for trial.
However, defence counsel, J.B. Daudu (SAN), prayed the court to retain the earlier bail conditions granted by Justice Nwite, arguing that the Federal High Court remained a single court despite the reassignment.
In response, the prosecution acknowledged that bail had earlier been granted but maintained that the new court possessed the discretion to either adopt the previous conditions or impose fresh ones to secure the defendants’ attendance.
Although he did not press further objections, the prosecutor urged the court to consider conditions that would guarantee their appearance for trial.
The earlier bail conditions had admitted each defendant to N500m bail with one surety apiece.
The sureties were required to own landed property in Maitama or Asokoro, while the defendants were to deposit two international passports each with the court.
The residences of the sureties were also to be verified by the Assistant Chief Registrar.
In her ruling, Justice Abdulmalik stressed that once a case starts de novo owing to reassignment, previous proceedings no longer subsist in law.
The defence admitted that no formal bail application had been filed before the court but sought to move an oral application.
The judge declined the request, directing counsel to file a proper bail application and serve same on the prosecution.
She said a short adjournment would be granted for its hearing.
Counsel for the defence further told the court that scheduling a trial date might prove challenging, claiming that the first and second defendants were in the custody of the Department of State Services and were not accessible.
The court said it could not speculate on the status of any party, adding that it was the responsibility of the prosecution to ensure the defendants’ presence.
The prosecution, however, insisted 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 till March 6 for hearing of the bail application and commencement of trial.
She ordered that Malami and his son be remanded at the Kuje Correctional Centre, while his wife was to be held at the Suleja Correctional Centre pending further proceedings.