A Federal High Court in Abuja has ruled that the earlier bail granted to former Attorney-General of the Federation Abubakar Malami (SAN) is no longer valid following the reassignment of his case.
The court held that since the matter commenced afresh before it, all previous proceedings — including the bail granted by Justice Emeka Nwite — were terminated, requiring a fresh bail application.
The Economic and Financial Crimes Commission (EFCC) is prosecuting Malami on a 16-count amended charge bordering on money laundering and unlawful acquisition of assets exceeding N8.7 billion.
At the resumed hearing on Friday, February 27, 2026, prosecution counsel J.S. Okutepa announced appearance and applied for the pleas of the defendants to be taken on the amended charge.
Malami, his son Abdulaziz, and his wife Asabe each pleaded not guilty.
Following the plea, the prosecution urged the court to fix a trial date.
Defence counsel J.B. Daudu (SAN) requested that the earlier bail conditions be sustained, arguing that the Federal High Court is one court and the defendants had already been admitted to bail.
The prosecution acknowledged the previous bail but submitted that the new court had discretion to adopt or impose fresh conditions. While not pressing the issue strongly, the prosecution asked for conditions that would ensure the defendants’ attendance at trial.
The earlier bail terms included N500 million each, with one surety owning property in Maitama or Asokoro, deposit of two international passports each with the court, and verification of sureties’ residences by the Assistant Chief Registrar.
In her ruling, presiding judge Justice Joyce Abdulmalik held that where a case begins afresh due to reassignment, earlier proceedings are legally extinguished.
The defence conceded there was no formal bail application before the court but sought to make an oral one. The court declined, directing the defence to file a formal application and serve it on the prosecution, after which a short adjournment date would be given for hearing.
The defence informed the court that fixing a trial date could be difficult because the first and second defendants were currently in the custody of the Department of State Services (DSS) and unreachable.
The court responded that it could not speculate on any party’s position and that the prosecution had a duty to ensure the defendants’ availability.
The prosecution clarified that the defendants were not in its custody and that it could not compel the DSS to produce them.
Justice Abdulmalik adjourned the matter to March 6, 2026, for hearing of the bail application and commencement of trial.
She ordered that Malami and his son be remanded at Kuje Correctional Centre, while his wife be remanded at Suleja Correctional Centre.
