A father “desperate” to better his family’s situation after their asylum process proved unsuccessful was on Thursday remanded in custody after facing charges for trying to leave Malta using forged documents. 

His partner and mother of the couple’s three-year-old daughter was granted bail only to allow her to take care of the child, after the court was assured that the Agency for the Welfare of Asylum Seekers would house the mother and child until court proceedings were concluded. 

Abuji John, 29, and Ajoke Shittu, 31, both Nigerian nationals living in Żabbar, were charged separately with document forgery, knowingly having in their possession and making use of forged documents as well as making a false declaration. 

Both pleaded not guilty.

When asked by presiding Magistrate Victor George Axiak whether he was guilty or not, Abuji replied, “No, because I have to fight for my family”.

Prosecuting Inspector Lara Butters, who pressed charges separately against the parents on Thursday explained that the Nigerian couple and their child had been stopped by immigration police at Malta International Airport. 

The couple and young child were on their way to catch a flight to Naples when their Italian passports and residence cards roused suspicion. The documents turned out to be counterfeits. 

Later, during his statement to the police, the father said that he was “deeply desperate” because their asylum process had failed and their request for asylum was rejected.

Faced with that decision, the man said that “he needed to do something for a better life for his family and daughter”, said the prosecutor. 

His request for bail was objected to by the prosecution who highlighted the fact that the father had managed to obtain forged documents and tried to flee. 

Chats on the accused’s phone appeared to indicate that a third party was involved but during his interrogation, Abuji did not cooperate.

Moreover, he had admitted that he had no money and that was why he had tried to flee. Nor did he have a fixed address where to stay, added Butters. 

“There is no reason to discriminate between mother and father,” countered defence lawyer Martin Farrugia, pointing out that both parents faced identical charges, but the mother had been granted bail.

Her partner was an asylum seeker and also father to their three-year-old child. 

So far, the prosecution had put forward allegations and many hypothetical statements, argued the lawyer.

But there was no legal basis to deny the father bail.

The court was requested “not to discriminate to make sure that the family would not be torn apart".

“This is no issue of discrimination”, hit back the prosecutor, pointing out that the mother was granted bail only because the child could not be “left alone” and no placement was possible. 

“As a father, he has an equal right to be with his family… there is no reason to impose different conditions on the father. We’re not asking for any preferential treatment, but simply bail under the same conditions [as the mother],” argued the defence. 

However, the court turned down the request because it lacked peace of mind that the man would be able to satisfy all bail conditions. 

The mother’s request for bail had also been objected to by the prosecution who argued that the family had run out of legal options once their asylum process had run its course. 

Upon a direct question by the court, the prosecutor explained that the child was currently being cared for by Appoġġ and if bail were to be denied to the mother, the police would seek a care order for the child. 

A representative of AWAS was then asked to explain whether the agency could cater for the mother’s situation. 

“I can confirm that in her situation, with a young child, AWAS will accept her and house her until court proceedings are over,” said the representative. 

“The agency always strives to keep family units together.” 

In light of that information the prosecutor did not raise further objections to bail and the court upheld the mother’s request against a personal guarantee of €20,000, an order to sign the bail book three times weekly and under a curfew between 9pm and 7am. 

Mother and child were to reside at the Marsa Initial Reception Centre.

The court explained those conditions to the mother making it clear that she was being granted bail only to be able to care for her young daughter and warned her of the consequences if she were to breach any of the court’s conditions.