Alleged N8.7bn Fraud: Court Voids Malami, Others’ Bail, Remands Them In Kuje, Suleja Prisons

A Federal High Court in Abuja on Friday voided the earlier bail granted to former Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN, and two of his family members, ordering their remand in Kuje and Suleja correctional facilities, respectively, over an alleged N8.7 billion fraud case.

Justice Joyce Abdulmalik ruled that the previous bail granted to the suspects by another judge no longer subsists, as the case had been reassigned and commenced afresh before her court, thereby extinguishing all earlier proceedings in law.

Following the ruling, the court directed that Malami and his son to be remanded at the Kuje Correctional Centre, while his wife was ordered to be remanded at the Suleja Correctional Centre in Niger State pending the hearing and determination of a fresh bail application.

The Economic and Financial Crimes Commission (EFCC) is prosecuting Malami on a 16-count amended charge bordering on alleged money laundering and unlawful acquisition of assets said to be valued at over N8.7 billion. He is standing trial alongside his son, Abdulaziz Malami, and his wife, Asabe Malami.

At the resumed proceedings on Friday, prosecution counsel, J.S. Okutepa, informed the court of the amended charge and applied for the defendants’ pleas to be taken. Malami, his son, and his wife each pleaded not guilty to the charges.

Following the arraignment, the prosecution urged the court to fix a date for the commencement of trial.

Counsel to the defendants, J.B. Daudu (SAN), argued that the earlier bail conditions granted by Justice Emeka Nwite should remain valid, contending that the Federal High Court is a single court irrespective of the reassignment of judges. He maintained that since the defendants had already been admitted to bail, the existing conditions ought to be sustained.

In response, the prosecution acknowledged that bail had previously been granted but submitted that the new court possessed the discretion to either adopt the earlier conditions or impose fresh ones. Okutepa added that he would not strongly oppose the bail provided the court imposed conditions capable of guaranteeing the defendants’ attendance throughout the trial.

Under the previous ruling, each defendant was been 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, while the residences of the sureties were to be verified by the Assistant Chief Registrar.

However, in her decision, Justice Abdulmalik ruled that where a matter begins afresh due to reassignment, all prior proceedings were terminated in law.

The defence conceded that no formal bail application was before the court and sought to make an oral application. However, the judge declined, directing that a proper written application be filed and served on the prosecution. She assured counsel that a short adjourned date would be given for the hearing of the bail motion.

Proceedings were further complicated when the defence informed the court that fixing a trial date might be 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 stressed that the prosecution bore responsibility for ensuring the defendants’ availability in court.

The prosecution, however, countered that the defendants were not in its custody and that it lacked the authority to compel the DSS to produce them.

The court subsequently adjourned the matter until March 6 for the hearing of the fresh bail application and commencement of trial.

Pending the determination of the bail request, Justice Abdulmalik ordered that Malami and his son be remanded at the Kuje Correctional Centre, while his wife be remanded at the Suleja Correctional Centre.