Former Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN), his son, Abubakar Abdulaziz Malami, and one Bashir Asabe, will today, January 2, resume their bid for bail over the alleged ₦9 billion corruption charges instituted against them by the Federal Government.
The defendants are expected to be brought from prison custody to the Federal High Court, Abuja, where the court will hear arguments on their written bail applications.
Justice Emeka Nwite had on Tuesday fixed today for the bail hearing after the defendants were arraigned on a 16-count money laundering charge filed by the Economic and Financial Crimes Commission on behalf of the Federal Government.
Malami, his son and Asabe, a staff of Ramadiya Property Limited who is currently on remand at the Kuje Correctional Centre, had pleaded not guilty to all the charges.
At Tuesday’s proceedings, counsel to the defendants, Joseph Daudu, SAN, made an oral application for bail, arguing that the alleged offences were bailable.
He told the court that money laundering offences are not capital in nature and therefore qualify for bail.
“The only condition where a written application is required is where it is a capital offence. These charges are bailable, not complicated, and the defendants are presumed innocent until proven guilty,” he said, urging the court to grant bail.
Counsel to the EFCC, Ekele Iheanacho (SAN), opposed the oral application, insisting that the court must be guided by the provisions of the Administration of Criminal Justice Act (ACJA).
According to him, Section 162 of the ACJA lists factors the court must consider before exercising its discretion on bail, which, he argued, can only be properly addressed through affidavit evidence.
“These facts can only come before the court by affidavit. Both the prosecution and the defence must place their facts before the court to enable it exercise its discretion judiciously,” Iheanacho said.
In his ruling, Justice Nwite rejected the oral bail application and directed the defendants to file formal written applications.
He consequently adjourned the matter to today for the hearing of the written bail arguments.