The Federal High Court, Abuja Division, on Tuesday, ordered the remand of Abubakar Malami, former attorney general of the federation, and his son, a co-defendant, in Kuje Correctional Centre pending the hearing of their bail application.
Justice Emeka Nwite, in a ruling on the oral bail application made by their lawyer, Joseph Daudu, held that it would be in the interest of justice and fair hearing to allow the prosecution to respond to the earlier bail application filed by the defence.
“I have listened to the submissions of the learner counsel of both divides and also gone through the relevant laws. It is not in dispute that an application for bail 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 It is not in dispute that the application cannot be withdrawn by the defendants,” he said.
The judge said that though the court could exercise its power to grant bail, it had to do so after the prosecution had responded to the bail application earlier filed.
According to the judge, it would amount to an ambush for the court to grant bail while the prosecution has not responded.
“This will breach the right to a fair hearing against 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 said.
The judge, who ordered that the defendants be remanded in Kuje Correctional Centre pending the hearing of their bail applications, adjourned the matter until January 2 for hearing.
The EFCC had, in the charge marked FHC/ABJ/CR/700/2025, named the ex-minister, Bashir Asabe, and Abubakar Abdulaziz Malami as the first, second, and third defendants, respectively, in the money laundering case.
