Justice Emeka Nwite of the Federal High Court in Abuja has ordered that former attorney-g eneral of the federation and minister of justice, Abubakar Malami, be remanded in Kuje Correctional Centre till January 2, 2026.
Malami (SAN), Hajia Bashir Asabe and his son, Abubakar Abdulaziz, are facing money laundering charge filed against them by the Economic and Financial Crimes Commission (EFCC).
The oral bail request argued yesterday by Malami's lead counsel, Joseph Daudu (SAN)was turned down by Justice Emeka Nwite, on the ground that it would amount to an ambush on the side of the EFCC that puts Malami on trial.
Nwite said since a written bail application had been filed and served on EFCC, the interest of justice would be met, if the commission is allowed to respond to the application as required by law.
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The judge held, "I have listened to the submissions of the learned counsel for 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 It is not in dispute that the application cannot be withdrawn by the defendants," he said.
The judge said that although the court could exercise its power by granting bail, the exercise of such power would be possible after the prosecution has responded to the bail application filed by the defence.
Justice Nwite said it would amount to an ambush for the court to grant the bail application while the prosecution was yet to file a response to the defence's bail application.
He added, "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."
Earlier in the proceedings, the three defendants were arraigned on a 16-count money laundering charge brought against them by the Economic and Financial Crimes Commission (EFCC).
In the charge, the EFCC said the accused persons conspired to disguise the origin of funds, acquire properties indirectly, and retain sums they allegedly knew were proceeds of unlawful activity, in violation of the Money Laundering (Prohibition and Prevention) Acts of 2011 (as amended) and 2022.
The defendants pleaded not guilty to the charge, following which prosecuting lawyer, Ekele Iheanacho (SAN), applied for a date for the commencement of trial.
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Daudu then told the court about his intention to apply for bail for the defendants.
Responding, Iheanacho said he had yet to respond to the formal bail application filed by the defendants and applied for an adjournment to enable him respond to the bail application.
Iheanacho said, "In view of the non-guilty plea of the defendants, may we apply for a trial date for the defendants.
"I know we received an application for bail, and we will be seeking your lordship's indulgence for a date to respond.
"We got the application yesterday around 3pm. We will be asking for a date to respond."
Daudu then said even though a formal bail application had been filed by the defendant, he could equally make an oral application, citing a 1995 case involving Abiola Vs. Federal Republic of Nigeria.
In the charge, marked: FHC/ABJ/CR/700/2025, the EFCC alleged, in count one, that between July 2022 and June 2025, Malami and his son directed Metropolitan Auto Tech Limited to conceal over N1 billion (N1,014,848,500) in a Sterling Bank account, knowing the funds were proceeds of unlawful activity.
Count two states that between September 2020 and February 2021, the duo allegedly concealed more than N600 million (N600,013,460.40) through the same company.
In count three, the commission alleged that in March 2021, Malami and his son retained N600 million as cash collateral for a N500 million Sterling Bank loan to Rayhaan Hotels Ltd, despite knowing the funds were illicit.
Count four alleges that in November 2022, Malami, his son, and Mrs. Asabe disguised N500 million used to purchase a luxury duplex in Maitama, Abuja.
