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“Court Remands Malami SAN, Wife And Son In Prison Despite Earlier Bail” — Justice Abdulmalik Says Previous Proceedings Terminated, File Fresh Bail Applications

The Federal High Court in Abuja on Friday remanded former Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN, alongside his wife and son, in prison custody following their re-arraignment on an alleged N8.7 billion money laundering charge.

Justice Joyce Abdulmalik ordered that Malami and his son, Abubakar Abdulaziz Malami, be returned to Kuje Correctional Centre in Abuja, while his wife, Asabe Bashir Malami, was directed to Suleja Correctional Centre in Niger State.

The ruling came shortly after the court took the pleas of the three defendants in the fresh charge filed by the Economic and Financial Crimes Commission (EFCC).

The defendants were re-arraigned before Justice Joyce Abdulmalik following the re-assignment of the case to the new trial judge.

Upon resumed hearing, EFCC’s lawyer, Jibrin Okutepa, SAN, informed the court that the matter was scheduled for defendants’ re-arraignment.

“The matter is coming before your lordship this morning for the very first time. I will be applying for the plea of the defendants to be taken,” he said.

Okutepa equally applied that the sums listed in Counts 11 and 12 be corrected to read N325 million instead of N325 billion for Count 11, and N120 million instead of N120 billion for Count 12.

After it was not opposed by the defence lawyer, Joseph Daudu, SAN, Justice Abdulmalik granted the oral application by Okutepa.

The defendants pleaded not guilty to the 16 counts preferred against them by the anti-graft agency bordering on money laundering.

The case was formerly before Justice Emeka Nwite, who sat as vacation judge during the Christmas/New Year break.

After the vacation period, the Chief Judge reassigned the case to Justice Obiora Egwuatu, who on February 12 withdrew from the case shortly after the civil case filed by the EFCC was brought to him.

The case was then re-assigned to Justice Abdulmalik.

The development marks a setback for the former AGF, who had earlier secured bail in the same court.

His counsel, Joseph Daudu, SAN, reminded the court that Justice Emeka Nwite had on January 7 granted Malami, his wife and son bail in the sum of N500 million each, with stringent conditions, including the submission of landed property documents and travel passports.

Daudu urged the court to adopt the same bail conditions, arguing that the Federal High Court is one court nationwide and that the earlier bail had already been perfected.

However, EFCC counsel, Jibrin Okutepa, SAN, while confirming that the previous bail had indeed been granted and perfected, maintained that the matter before Justice Abdulmalik was distinct following the termination of earlier proceedings.

In her ruling, Justice Abdulmalik held that the proceedings before Justice Nwite had been legally terminated and that the defendants must file fresh bail applications.

Attempts by Daudu to move oral bail applications were rejected by the court.

Justice Abdulmalik subsequently adjourned the matter to March 6 for hearing of the bail applications and continuation of trial.

The N8.7 billion charge adds to the mounting legal battle facing the former chief law officer of the federation and his family, as the anti-graft agency intensifies prosecution efforts.