Ex-AGF Abubakar Malami, Son Begin Bail Battle Over ₦9bn Money Laundering Charges

Former Attorney General of the Federation and ex-Minister of Justice, Abubakar Malami, SAN, alongside his son, Abubakar Abdulaziz Malami, and another co-defendant, are set to commence a legal battle for bail over an alleged ₦9 billion corruption case filed against them by the Federal Government.

The bail hearing is scheduled to take place today, December 2, before the Federal High Court in Abuja, where the defendants are expected to be brought from custody to continue proceedings related to the case.

Also standing trial alongside Malami and his son is Hajia Bashir Asabe, an employee of Ramadiya Property Limited, who is currently being held at the Kuje Correctional Centre following a remand order. The trio remains in custody pending the court’s determination on their bail applications.

The case is being handled by Justice Emeka Nwite, who had earlier fixed today’s date to consider arguments on bail following the defendants’ arraignment on 16 counts of alleged money laundering offences.

During their arraignment, Malami and the two other accused persons pleaded not guilty to all charges filed against them by the Economic and Financial Crimes Commission (EFCC), acting on behalf of the Federal Government.

At the earlier court session held on Tuesday, legal counsel to the defendants, Joseph Daudu, SAN, presented an oral application requesting bail for the accused persons. He argued that, having reviewed both the charges and relevant legal provisions, the defendants were entitled to bail under Nigerian law.

According to Daudu, money laundering offences are not capital offences, and as such, do not require a written bail application. He maintained that written bail submissions are only mandatory in cases involving capital punishment. He further emphasized that the charges against his clients were straightforward, bailable, and that the defendants remained innocent until proven guilty by a competent court.

Daudu therefore urged the court to exercise its discretion in favour of granting bail to the defendants, stressing that there were no compelling reasons to keep them in custody.

However, the EFCC strongly opposed the oral bail request. Counsel to the commission, Ekele Iheanacho, SAN, argued that the law requires specific considerations before bail can be granted. He referenced Section 162 of the Administration of Criminal Justice Act (ACJA), which outlines factors a court must evaluate when deciding bail applications.

Iheanacho submitted that such factors can only be properly placed before the court through affidavit evidence, insisting that both the prosecution and the defence must be allowed to present factual materials to support their positions. He added that these facts often relate to issues that may involve witnesses, making a written application necessary.

In his ruling, Justice Emeka Nwite declined the oral bail request, agreeing with the prosecution that the court required formal documentation to properly exercise its discretion. The judge subsequently directed both parties to return to court today to argue written bail applications.

The EFCC had earlier formally arraigned the former Attorney General and the other defendants before the Abuja Division of the Federal High Court on a 16-count charge bordering on money laundering, marking the beginning of what is expected to be a closely watched legal process.