A Federal High Court in Abuja has ordered the remand of the immediate past Attorney-General of the Federation (AGF) and Minister of Justice, Abubakar Malami (SAN), alongside two co-defendants, at the Kuje Correctional Centre pending the hearing of their bail application.
The ruling, delivered on Tuesday by Justice Emeka Nwite, directed that Malami, his son Abubakar Abdulaziz Malami, and Hajia Bashir Asabe remain in custody until January 2, 2026, when their bail application will be heard and determined.
Justice Nwite said the decision followed an oral bail application made by defence counsel, Joseph Daudu (SAN), noting that the interest of justice required the prosecution to be given adequate opportunity to respond to the formal bail application already filed by the defendants.
“I have listened to the submissions of learned counsel on both sides and examined the relevant laws,” the judge said.
“It is not in dispute that a bail application has been filed and served on the prosecution. Granting bail at this stage, without a response from the prosecution, would amount to an ambush and a breach of the prosecution’s right to fair hearing.”
The court held that while it possesses the discretion to grant bail, such power should only be exercised after the prosecution has formally responded to the application.
Background of the Case
Earlier in the proceedings, the defendants were arraigned on a 16-count charge of money laundering brought against them by the Economic and Financial Crimes Commission (EFCC). All three pleaded not guilty to the charges.
Following the plea, prosecuting counsel, Ekele Iheanacho (SAN), applied for a trial date and sought an adjournment to enable the prosecution respond to the bail application, stating that it was only served on the EFCC the previous day.
The EFCC alleged that Malami and his co-defendants conspired at various times to conceal, disguise, retain, and use proceeds of unlawful activities running into several billions of naira, in violation of the Money Laundering (Prohibition) Act, 2011 (as amended) and the Money Laundering (Prevention and Prohibition) Act, 2022.
According to the charge, the alleged offences involved the use of companies and bank accounts to launder funds, retention of cash as loan collateral, and the acquisition of multiple high-value properties in Abuja, Kano, Kebbi, and other locations.
After hearing arguments from both parties, Justice Nwite stood down proceedings briefly before returning to deliver the ruling ordering the defendants’ remand.
The case was adjourned to January 2, 2026, for hearing of the bail application.
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