Former Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN, and his son, Abubakar Abdulaziz Malami, will on Monday, December 2, begin a bail battle over the N9 billion corruption charges filed against them by the federal government.
Malami, his son and one Hajia Bashir Asabe, a staff of Ramadiya Property Limited currently in Kuje prison on remand, are expected to be brought before the Federal High Court in Abuja to resume the battle for bail from prison custody.
Justice Emeka Nwite had on Tuesday fixed today to hear their bail argument after their arraignment on 16-count money laundering offences.
Malami and his co-defendants had pleaded not guilty to all the charges as preferred against them by the Economic and Financial Crimes Commission (EFCC) on behalf of the federal government.
At the Tuesday’s proceedings, Counsel to the three defendants, Joseph Daudu, SAN had argued oral bail application saying that having read the 16-counts charge and the law on the subject matter, it is a proper application to make orally adding that, the, “only condition where one needed a written application is where it is a capital offence.”
“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 said and urged the court to admit them to bail.
EFCC counsel, Ekele Iheanacho SAN had vehemently opposed the oral application for the bail of the defendants, saying that Section 162 of Administration of Criminal Just Act ACJA listed factors to consider before exercising discretion on bail application.
“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 defense would be given the opportunity to state their facts and these facts belong to the witnesses,” he said.
Justice Nwite had in a ruling rejected the oral bail application and ordered both parties to appear before him today to argue written bail application.
The EFCC had arraigned the former AGF and the two others before the Federal High Court sitting in Abuja on a 16-count money laundering charge.
