By Taiye Agbaje, with Expert Legal Analysis
In a significant development underscoring the principle of judicial equity, the Federal High Court in Abuja has ordered the remand of a former Attorney-General of the Federation (AGF), 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, precedes the formal hearing of their bail application in a high-profile money laundering case.
The court’s ruling came in response to an oral bail application made by the defendants’ lead counsel, Joseph Daudu, SAN. Justice Nwite, in a detailed ruling, emphasized that the bedrock of a fair judicial process is the right of all parties to be heard. He noted that while the court possesses the discretionary power to grant bail, it would be procedurally improper—and potentially an “ambush”—to do so before the prosecution, represented by the Economic and Financial Crimes Commission (EFCC), had the opportunity to formally respond to a written bail application already filed by the defence.
“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 decision highlights a critical, yet often misunderstood, aspect of criminal procedure: bail is a privilege, not a right, and its grant must balance the defendant’s liberty with the need to ensure their appearance in court and the integrity of the judicial process.
The case, marked FHC/ABJ/CR/700/2025, alleges money laundering offences. The remand of a former AGF—the nation’s chief law officer—is a profound event in Nigeria’s legal and political landscape. It signals a potent message regarding the accountability of high-ranking officials and the operational independence of anti-graft agencies. Legal analysts suggest this move could set a precedent for how cases involving former top-tier government officials are handled, moving them beyond the realm of political spectacle into structured judicial scrutiny.
The defendants are to remain at the Kuje Correctional Centre until the next hearing on January 2, when the court will entertain arguments on the substantive bail application. The EFCC’s response will likely focus on the severity of the charges, the strength of its evidence, the flight risk posed by the defendants, and the potential for interference with witnesses. Given the profile of the defendants, the prosecution may argue that only the assurance of their remand can guarantee their continued participation in the trial.
This proceeding is more than a routine bail hearing; it is a litmus test for Nigeria’s judicial system’s capacity to administer justice without fear or favour. The public and international observers will watch closely to see if the subsequent processes maintain the same commitment to procedural rigor and transparency demonstrated in this initial remand order. The outcome will have lasting implications for public trust in the nation’s fight against corruption and the equality of all before the law.
Source: NAN
