A Federal High Court sitting in Maitama, Abuja, has further remanded Abubakar Malami, former Attorney-General of the Federation and Minister of Justice, Abdulaziz Malami, his son and Bashir Asabe, his wife at the Kuje Correctional Centre pending a ruling on their bail applications.
Emeka Nwite (Justice) on Friday, adjourned the matter until January 7, 2026, to enable the court to deliver its decision on the applications filed by the defendants, who are standing trial on alleged money laundering offences amounting to N8.71 billion.
The trio is being prosecuted by the Economic and Financial Crimes Commission (EFCC) on a 16-count charge bordering on conspiracy, procuring, disguising, concealing and laundering proceeds of unlawful activities, contrary to the provisions of the Money Laundering (Prevention and Prohibition) Act, 2022.
At the resumed hearing, Ekele Iheanacho
prosecuting counsel, informed the court that the case was slated for the hearing of the bail applications filed by the defendants.
Read also: EFCC arraigns Malami, wife, son over alleged N8.7bn money laundering
However, defence counsel, J.B. Daudu, SAN, told the court that the prosecution had just served the defence with a counter-affidavit in court, necessitating time to study and respond to it.
Daudu subsequently filed a counter-affidavit of about 28 to 30 paragraphs, challenging the continued detention of the defendants and urging the court to grant them bail.
In response, Iheanacho told the court that the prosecution had just been served with further affidavits and replies on points of law from the defence and required time to study the processes.
“We were served with a counter-affidavit and sought time to go through the processes, my lord.
“We have now been served with a further affidavit, each of them with about 28 to 30 paragraphs, as well as a reply on points of law. I have not gone through what they have filed and may need time to do so,” Iheanacho said.
Daudu opposed the request, arguing that the matter had been adjourned to the day’s sitting with at least one working day in between, insisting that there was no justification for prolonging the defendants’ detention.
He urged the court to allow the prosecution a brief period, if necessary, to respond and proceed with the hearing.
Responding, Iheanacho maintained that while the prosecution did not intend to keep the defendants in custody without justification, the volume of processes served required careful consideration.
“It is better to make haste slowly,” he said.
Following the exchanges and with no objection from either side, the court struck out one application and granted another, as prayed by the defence.
Daudu urged the court to admit all three defendants to bail.
He prayed that the first defendant, a former Attorney-General of the Federation, be admitted on self-recognisance, while the second and third defendants be granted bail on liberal terms.
He explained that Malami’s application was supported by a 36-paragraph affidavit deposed to by his son, Nuzain Malami, on December 29, 2025, with several exhibits attached, alongside a written address.
The second defendant’s application, he said, was backed by a 28-paragraph affidavit deposed to by her daughter, Farida Abdullahi Usman, while the third defendant’s application was supported by a 39-paragraph affidavit sworn to by his brother.
Daudu argued that the offences were bailable and that the defendants were presumed innocent until proven guilty.
He dismissed claims that they could interfere with witnesses, describing such allegations as speculative, and noted that the EFCC had earlier granted the defendants administrative bail during investigation.
“It is contradictory for a party that granted administrative bail to now argue otherwise,” he submitted, urging the court to exercise its discretion in favour of the defendants.
Opposing the applications, Iheanacho told the court that the EFCC had filed three separate counter-affidavits on January 2, 2026, deposed to by an operative of the commission, Adebayo Daniel, and supported by written addresses.
He argued that key averments in the counter-affidavits, particularly allegations of interference with witnesses and evidence by the first and second defendants, had not been controverted by the defence.
He contended that unchallenged facts are deemed admitted.
According to the prosecution, interference with witnesses goes to the root of a fair trial, urging the court to apply relevant provisions of the Administration of Criminal Justice Act (ACJA) in refusing bail.
Iheanacho also maintained that bail granted during investigation differs from bail sought after charges have been filed in court.
“Presumption of innocence does not give an automatic ticket to bail,” he added.
Nwite acknowledged the volume of cases before the court during the vacation period but assured the parties that justice would be delivered without undue delay.
“I have many high-profile cases during this vacation period, but justice will be served in the shortest possible time,” the judge said.
According to a statement by Dele Oyewale EFCC’s Spokesman, the court adjourned the matter to January 7, 2026, for ruling on the bail applications.
