Former AGF Abubakar Malami, SAN, and his son return to court today to seek bail in a ₦9bn money laundering case filed by the EFCC before a Federal High Court in Abuja
Courtroom Drama as Ex-AGF Malami, Son Seek Bail in ₦9bn Money Laundering Trial
Former Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami, SAN, alongside his son, Abubakar Abdulaziz Malami, are expected to return to court today, December 2, to begin a fresh legal battle over bail in the ₦9 billion corruption and money laundering case instituted against them by the Federal Government.
The duo, along with a third defendant, Hajia Bashir Asabe, a staff member of Ramadiya Property Limited, are to be produced from Kuje Correctional Centre before the Federal High Court in Abuja.
Justice Emeka Nwite had on Tuesday adjourned proceedings till today to hear arguments on their bail applications following their arraignment on 16-count money laundering charges.
Malami and his co-defendants had pleaded not guilty to all the charges filed by the Economic and Financial Crimes Commission (EFCC) on behalf of the Federal Government.
During the previous court session, counsel to the defendants, Joseph Daudu, SAN, made an oral application for bail, arguing that the alleged offences were not capital in nature and were therefore bailable.
“Having read the 16-count charge and the law on the subject matter, it is a proper application to make orally. The only condition where one needs a written application is where it is a capital offence,” Daudu told the court.
He further maintained that money laundering offences are bailable and stressed the constitutional presumption of innocence.
“The offences of money laundering are bailable offences. The charges are not complicated, they are bailable and the defendants are presumed innocent until proven guilty by the court,” he added.
However, the EFCC strongly opposed the oral bail request. Counsel to the anti-graft agency, Ekele Iheanacho, SAN, argued that the court must be guided by the Administration of Criminal Justice Act (ACJA) in determining bail applications.
According to him, Section 162 of the ACJA outlines specific factors that must be considered by the court, which, he said, could only be properly addressed through affidavit evidence.
“Those factors can only come into the court through affidavit evidence, and to determine whether to grant bail or not, both the prosecution and the defence would be given the opportunity to state their facts, and these facts belong to the witnesses,” Iheanacho submitted.
In his ruling, Justice Nwite rejected the oral bail application and directed both parties to file and argue written bail applications, fixing today for the hearing.
The EFCC had earlier arraigned Malami, his son and Asabe on 16 counts of money laundering, marking one of the most high-profile corruption cases involving a former chief law officer of the federation.
