A federal high court in Abuja has ordered the remand of Abubakar Malami, former attorney-general of the federation, in the Kuje Correctional Centre pending the hearing and determination of his bail application.
Emeka Nwite, presiding judge, also ordered the remand of Malami’s son, Abdulaziz, and his wife, Bashir Asabe, pending the determination of their bail.
The defendants were arraigned on a 16-count charge bordering on money laundering on Tuesday.
All defendants pleaded not guilty to the charge. Thereafter, Ekele Iheanacho, counsel for the Economic and Financial Crimes Commission (EFCC), asked the court for a trial date.
“In view of the non-guilty plea of the defendants, may we apply for a trial date for the defendants,” the prosecution lawyer said.
“I know we received an application for bail and we will be seeking your lordship’s indulgence for a date to respond.
“We got the application yesterday around 3pm. We will be asking for a date to respond.”
However, Joseph Daudu, counsel to the defendants, submitted that while a formal application for bail had been filed, he could equally make an oral application, citing a 1995 case involving Abiola Vs. Federal Republic of Nigeria.
In his ruling, Nwite held that it would be in the interest of justice and fair hearing to allow the prosecution to respond to the written bail application filed by the defence.
“I have listened to the submissions of the learned counsel on both divide and also gone through the relevant laws. It is not in dispute that an application for bail has been filed by the defendants,” he said.
“It is also not in dispute that the bail application has been served on the prosecution. It is not in dispute that the application cannot be withdrawn by the defendants.”
Nwite said while the court could exercise its powers by granting bail, such had to be made after the prosecution had responded to the bail application earlier filed.
He added that it would amount to an ambush for the court to grant the bail application while the prosecution was yet to file a response.
“This will breach the right to fair hearing against the prosecution. I am of the view that the interest of justice will be met by allowing the prosecution to respond to the bail application filed,” he said.
The judge ordered that the defendants be remanded in Kuje Correctional Centre pending the hearing of their bail applications on January 2.