A Federal High Court sitting in Abuja has granted bail to former Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN), his wife, and son, fixing the bail sum at N500 million each, with stringent conditions attached to their temporary release.
Justice Emeka Nwite, who presided over the matter on Wednesday, imposed strict requirements on the high-profile defendants, including the submission of landed property documents in choice areas of the Federal Capital Territory and the deposit of their international travel documents with the court registry.
According to a report by Channels Television, the judge stipulated that each surety must own landed property in the upscale Abuja districts of Asokoro, Maitama, or Gwarinpa—among the capital’s most expensive residential areas—as a condition for standing bail for the accused persons.
“The sureties must have landed property in Asokoro, Maitama, and Gwarinpa,” Justice Nwite ruled. “They must submit their travel documents to the court.”
The judge further ordered that the property documents presented by the sureties must be verified by the deputy chief registrar of the Federal High Court to establish their authenticity and ensure compliance with the bail conditions. Additionally, each surety is required to depose to an affidavit of means, a sworn statement detailing their financial standing and capacity to guarantee the defendants’ attendance in court.
Malami himself has been barred from travelling outside Nigeria without express permission from the court and must surrender his international passport and other travel documents to the court registry. The restriction effectively places the former minister under judicial supervision as the case proceeds.
The bail ruling comes amid ongoing legal proceedings against the Senior Advocate of Nigeria, who served as one of President Muhammadu Buhari’s longest-serving cabinet members. Malami held the position of Attorney-General and Minister of Justice from 2015 until the end of Buhari’s administration in May 2023, making him one of the most powerful legal officers in the country during that period.
The inclusion of Malami’s wife and son in the charges suggests that investigators believe the alleged infractions may have involved family members or benefitted them financially, though full details of the allegations have not been made public at this stage. The decision to prosecute family members alongside the principal accused is not uncommon in high-profile corruption cases, particularly where investigators suspect the diversion of public funds through proxies or relatives.
The N500 million bail sum for each defendant—totalling N1.5 billion for the three accused persons is among the highest ever imposed in recent Nigerian legal history and reflects the gravity of the allegations being considered by the court. The choice of Asokoro, Maitama, and Gwarinpa as acceptable locations for sureties’ property ownership further underscores the court’s determination to ensure that only individuals of substantial means can stand as guarantors.
Malami’s tenure as Attorney-General was marked by significant controversy, including his role in several high-profile legal and political disputes. As Nigeria’s chief law officer, he was responsible for advising the federal government on legal matters, overseeing the prosecution of criminal cases, and representing the government in civil litigation. His office also played a central role in the administration’s anti-corruption drive, working closely with agencies such as the Economic and Financial Crimes Commission and the Independent Corrupt Practices and Other Related Offences Commission.
However, critics frequently accused Malami of selective justice, alleging that his office pursued opposition figures more vigorously than members of the ruling All Progressives Congress. Civil society organisations and opposition parties also raised concerns about the handling of several corruption cases and asset recovery proceedings during his tenure.
The former minister’s legal troubles are the latest in a series of corruption prosecutions targeting former officials of the Buhari administration. Since President Bola Tinubu assumed office in May 2023, there has been increased scrutiny of the activities of officials who served under his predecessor, with several facing investigations or charges related to their conduct in office.
The Federal High Court in Abuja has become the venue for numerous high-profile corruption trials in recent years, as successive governments have sought to demonstrate their commitment to fighting graft and recovering stolen public funds. The court’s jurisdiction over matters involving federal government agencies and senior public officials makes it the primary forum for such prosecutions.
Justice Nwite’s decision to grant bail, while imposing stringent conditions, reflects the judicial principle that bail is a constitutional right for defendants facing charges that have not yet been proven in court. However, the severity of the conditions including the requirement for property ownership in Abuja’s most exclusive neighbourhoods and the surrender of travel documents indicates the court’s concern about flight risk and the need to ensure the defendants’ availability for trial.
The requirement that sureties must own landed property in specific high-value areas of Abuja is particularly significant. Asokoro, Maitama, and Gwarinpa are among the Federal Capital Territory’s most sought-after residential districts, where property values run into hundreds of millions of naira. By limiting acceptable sureties to property owners in these areas, the court has effectively narrowed the pool of potential guarantors to Nigeria’s economic elite.
The verification process to be conducted by the deputy chief registrar will involve scrutinising land titles, certificates of occupancy, and other property documents to ensure they are genuine and that the sureties are indeed the legitimate owners of the properties being offered as security.
This safeguard is necessary to prevent the use of fraudulent documents or proxy ownership arrangements to circumvent bail conditions.
