The Federal High Court in Abuja, on Tuesday, ordered the remand of former Attorney-General of the Federation (AGF), Mr Abubakar Malami, SAN, his son, and a co-defendant at the Kuje Correctional Centre, pending the hearing of their bail applications.
Justice Emeka Nwite gave the order while ruling on an oral bail application moved by the defence counsel, Joseph Daudu, SAN. The judge held that it would be in the interest of justice and fair hearing to allow the prosecution respond to the bail application earlier filed by the defendants.
“I have listened to the submissions of learned counsel on both sides and also gone through the relevant laws. It is not in dispute that a bail application has been filed by the defendants.
“It is also not in dispute that the bail application has been served on the prosecution. It is not in dispute that the application cannot be withdrawn by the defendants,” Justice Nwite said.
The judge noted that although the court has the discretion to grant bail, such discretion must be exercised after the prosecution has responded to the bail application already before the court.
According to him, granting bail without hearing from the prosecution would amount to an ambush and a breach of the prosecution’s right to a fair hearing.
“This will breach the right to a fair hearing of the prosecution. I am of the view that the interest of justice will be met by allowing the prosecution to respond to the bail application filed,” he ruled.
Justice Nwite consequently ordered that the defendants be remanded at the Kuje Correctional Centre pending the hearing of their bail applications and adjourned the matter until January 2 for hearing.
The Economic and Financial Crimes Commission (EFCC), in the charge marked FHC/ABJ/CR/700/2025, listed the former minister, Hajia Bashir Asabe, and Abubakar Abdulaziz Malami as the 1st, 2nd, and 3rd defendants, respectively, in the alleged money-laundering case.
