In a significant development in a high-profile financial crime case, former Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami, SAN, his son, and a co-defendant were formally arraigned on Tuesday on charges of alleged money laundering. The trio subsequently sought release on bail, initiating a critical legal process that will test the strength of the evidence against them and the judicial principles of bail presumption.
The defendants, facing a 16-count charge brought by the Economic and Financial Crimes Commission (EFCC), entered pleas of not guilty before Justice Nwite at the Federal High Court in Abuja. The charges, marked FHC/ABJ/CR/700/2025, name the ex-minister as the first defendant, Hajia Bashir Asabe as the second, and his son, Abubakar Abdulaziz Malami, as the third defendant. The arraignment sets the stage for a closely watched trial that intersects legal, political, and anti-corruption narratives in Nigeria.
The Bail Application: A Clash of Legal Strategy and Procedure
Following the plea, the courtroom shifted focus to the contentious issue of bail. The defense, led by senior advocate Joseph Daudu, SAN, adopted a two-pronged approach. While a formal, written bail application had been filed with the court, Daudu also made an oral application for bail, citing legal precedent from the 1995 case of Abiola Vs. Federal Republic of Nigeria. This dual strategy is a common tactical move to expedite the process and demonstrate the defense’s readiness, while also ensuring a formal record exists should the oral request be denied.
The EFCC’s prosecution team, led by Ekele Iheanacho, SAN, countered by requesting an adjournment to formally respond to the written application, which they stated was received only the previous day. Iheanacho’s primary request was for the court to set a trial date, signaling the prosecution’s confidence in moving forward with its evidence. This procedural dance—between the defense’s push for immediate liberty and the prosecution’s request for time to prepare its opposition—is a standard but crucial phase in high-stakes criminal proceedings.
Legal Context: Understanding Bail in Nigerian Financial Crime Cases
Bail in cases of this magnitude is never automatic. The court must balance the constitutional presumption of innocence and an individual’s right to liberty against the need to ensure the accused persons attend trial and that the judicial process is not obstructed. Key considerations for Justice Nwite will include:
- The Severity of the Offence: Money laundering charges, often linked to corruption, are treated seriously, potentially weighing against easy bail.
- Flight Risk: The court will assess the defendants’ ties to the community, international connections, and resources that could facilitate flight.
- Risk of Interference: Given the former AGF’s extensive network within the legal and political system, the prosecution may argue he could influence witnesses or tamper with evidence if released.
- Health and Welfare: The defense may present grounds related to personal welfare, though these carry less weight in serious felony cases.
The judge’s decision to stand down the matter for a ruling indicates the complexity and sensitivity of the application. A grant of bail may come with stringent conditions, such as the surrender of international passports, reporting regularly to EFCC offices, and providing substantial sureties who own property within the court’s jurisdiction.
Broader Implications and What Comes Next
This case is being monitored as a litmus test for Nigeria’s anti-corruption institutions. The prosecution of a former chief law officer sends a powerful message, but its ultimate success hinges on a conviction secured through transparent due process. The public and international observers will scrutinize every step for signs of political influence or judicial independence.
The immediate next step is Justice Nwite’s ruling on bail. If bail is denied, the defendants will be remanded in a correctional facility pending trial—a rare but possible outcome for defendants of this profile. If granted, the trial will proceed with the defendants on conditional liberty. Following this, the prosecution will be required to open its case, presenting witnesses and evidence to substantiate the 16 counts of money laundering, which likely involve complex financial trails and transactions.
Reported by Taiye Agbaje for NAN. Case Details: FHC/ABJ/CR/700/2025.
