The Federal High Court in Abuja has granted bail to former Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami, his wife, Asabe Bashir, and son, Abdulaziz Malami.
Judge Emeka Nwite on Wednesday granted each of them bail in the sum of N500 million in the alleged N8.7 billion money laundering case filed against them by the Economic and Financial Crimes Commission (EFCC).
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The judge noted that the key consideration in granting bail is whether the defendants would “make themselves available for trial and refrain from interfering with witnesses.”
He observed that the EFCC’s opposition, particularly on the likelihood of the defendants jumping bail or influencing witnesses, was “not concrete enough.”
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He therefore ruled that he was minded to grant the defendants “bail in the interest of justice.”
He granted each of the three defendants bail in the sun of N500 million, with two sureties in the same amount. It further ordered that the sureties to be presented by the defendants must own verifiable properties in Maitama or Gwarinpa areas of Abuja.
The defendants were also directed to deposit their passports with the court and must not travel outside Nigeria without prior approval of the court.
Pending the perfection of their bail conditions, the defendants are to remain at the Kuje Correctional Centre in Abuja.
Meeting the bail conditions will end Mr Malami’s detention, which has already lasted 31 days cumulatively in the custody of the EFCC and the Correctional Centre in Kuje, Abuja.
The EFCC detained him from 8 December 2025 to 30 December 2025, when the court transferred him to the Correctional Centre in Kuje, Abuja, following his arraignment.
For his wife and son, they have spent 16 days in custody as of Wednesday, having been first detained by the EFCC between 23 December and 30 December, when they were arraigned and subsequently remanded alongside Mr Malami in prison.
Mr Malami, the AGF during former President Muhammadu Buhari’s administration between 2015 and 2023, is standing trial alongside one of his wives, Ms Bashir, and his son, Abdulaziz, on 16 counts of money laundering involving about N8.7 billion.
In the charges, EFCC accused them of retention of proceeds of unlawful activity and illegitimate acquisition of assets with funds of suspicious origins.
They denied all 16 counts.
Defence lawyer Joseph Daudu, a Senior Advocate of Nigeria (SAN), had attempted to move an oral application for the defendants’ bail shortly after they were arraigned on 30 December.
But the prosecution, represented by Ekele Iheanacho, also SAN, opposed the request and asked for time to formally respond.
In a ruling, the judge held that allowing the oral application would deny the prosecution its right to a fair hearing since the application had been served with the written request.
He then ordered that the defendants be remanded to the Kuje Correctional Centre.
The bail hearing was eventually held on 2 January. At the hearing, defence lawyers argued that the offences were bailable and urged the court to grant bail on liberal terms.
The EFCC opposed the application, citing the gravity of the allegations and the risk of interference with witnesses.
After their arguments, the judge adjourned the ruling on the bail application until 7 January (today), prompting Kuje prison officials to take Mr Malami, his wife and son back to prison.
Why EFCC’s objection to bail failed
Delivering the ruling on Wednesday, the court considered various factors, including evidence available against the accused, the likelihood of the availability of the accused to stand trial, the nature and gravity of the case, the likelihood of the defendnants interfering with justice, and the likelihood of committing an offence while on bail, among others.
Having “critically evaluated the evidence adduced by both parties,” Mr Nwite said he was not “unmindful of the serious nature of the offences and the attendant economic consequences to our country, Nigeria.”
READ ALSO: EFCC, prison officers clash over courtroom control at Malami’s bail hearing
He noted, however, that the key consideration at the stage was whether the defendants would make themselves available for trial and refrain from interfering with witnesses.
The judge observed that the EFCC’s opposition, particularly on the likelihood of the defendants jumping bail or interfering with witnesses, was “not concrete enough.” He therefore ruled that he was minded to grant the defendants “bail in the interest of justice.”
judge issues warning ahead of trial
Mr Nwite also cautioned lawyers and all parties in the case against attempting to contact him privately during the trial, emphasising that such approaches would not be tolerated.
He noted that, notwithstanding familiarity with the parties, “when I’m dealing with any case, please don’t approach me. The best you can do for your client is to get the best lawyers in this country. The law cannot be bent.
He then adjourned proceedings until 17 February for commencement of l trial.
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