In a significant development in a high-profile corruption case, the Federal High Court in Abuja has ordered the remand of a former Attorney-General of the Federation, Mr. Abubakar Malami, SAN, his son, Abubakar Abdulaziz Malami, and a co-defendant, Hajia Bashir Asabe, in the Kuje Correctional Centre. The order, delivered by Justice Emeka Nwite on Tuesday, December 30, 2025, postpones a decision on their release pending a formal hearing on their bail application scheduled for January 2.
The ruling underscores a critical procedural principle in Nigerian jurisprudence: the right to a fair hearing extends to both the defence and the prosecution. Justice Nwite declined to grant an oral bail application made by the defendants’ lead counsel, Joseph Daudu, SAN, despite having the discretionary power to do so. The judge reasoned that granting bail before the Economic and Financial Crimes Commission (EFCC) could formally respond to a written bail application already filed by the defence would constitute an “ambush” and breach the prosecution’s rights.
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“It is not in dispute that an application for bail has been filed by the defendants and served on the prosecution,” Justice Nwite stated. “I am of the view that the interest of justice will be met by allowing the prosecution to respond.” This judicial stance highlights the balance courts must strike between a defendant’s presumption of innocence and the state’s right to adequately present its case against release. Legal experts note that while remand is not a conviction, it is a sobering step in proceedings involving serious charges like the money laundering allegations detailed in charge FHC/ABJ/CR/700/2025.
The case has drawn intense public scrutiny, not only due to Malami’s former role as the nation’s chief law officer but also because of the symbolic weight of his remand in Kuje—a facility that has housed other politically exposed persons. The charges signal the EFCC’s continued pursuit of cases from the previous administration, testing the agency’s independence and the judiciary’s resolve in applying the law uniformly to the powerful. The coming bail hearing on January 2 will be a pivotal moment, setting the tone for the trial’s trajectory and offering a clearer view of the evidence the prosecution intends to rely upon.
Reported by Taiye Agbaje for the News Agency of Nigeria (NAN). Details later.
