The Federal High Court in Abuja on Wednesday ordered the final forfeiture of about 48 properties linked to former Attorney General of the Federation and Minister of Justice, Abubakar Malami.
Justice Joyce Abdulmalik granted the application filed by the Economic and Financial Crimes Commission (EFCC), ruling that Malami and other individuals claiming ownership of the assets failed to prove they were lawfully acquired.
Before delivering judgment, the court dismissed several applications, motions and objections filed by Malami, members of his family and companies claiming ownership of the properties, describing them as lacking merit.
Justice Abdulmalik held that the central issue before the court was not ownership of the properties but the legitimacy of the funds used to acquire them.
According to the judge, the respondents failed to disprove the EFCC’s reasonable suspicion that the assets were acquired through unlawful activities.
Relying on Section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act, the court granted the final forfeiture order.
However, the judge set aside the interim forfeiture order on some of the properties. The EFCC had initially sought the permanent forfeiture of 57 properties linked to Malami.
The court clarified that the forfeiture order does not amount to a criminal conviction or a finding of guilt, as Malami, his wife and son are still standing trial over allegations involving the unlawful acquisition of funds with suspicious origins.
The EFCC began the civil forfeiture proceedings in January, seeking the permanent forfeiture of 57 properties valued at ₦212.8 billion, which it alleged were proceeds of unlawful activities linked to the former Attorney General.
On January 16, during the Federal High Court’s annual vacation, Justice Emeka Nwite granted an interim forfeiture order and directed the EFCC to publish the order in a national newspaper, inviting anyone with an interest in the assets to appear before the court and show cause why they should not be permanently forfeited to the Federal Government. The properties are located in Abuja, Kano, Kebbi and Kaduna states.
Following the publication, Malami, his wife, Nana Hadiza Malami, his son, Abdulaziz Abubakar Malami, and several companies linked to the properties challenged the interim forfeiture order, arguing that the assets were lawfully acquired and that the EFCC failed to establish any connection between the properties and unlawful activities.
They also contended that the commission relied on speculation rather than credible evidence and failed to identify any specific criminal offence from which the assets were allegedly derived.
After the court resumed from its annual vacation, the case was reassigned to Justice Joyce Abdulmalik for hearing and determination.
During the proceedings, the EFCC maintained that its investigation showed the properties were acquired with proceeds of unlawful activities and registered in the names of individuals and companies acting as fronts for Malami. The commission argued that the law only required it to establish a “reasonable suspicion” rather than prove its case beyond reasonable doubt.
After both parties adopted their final written addresses in late May, the court reserved judgment. The ruling, initially scheduled for July 6, was postponed twice before being delivered on Wednesday.
Meanwhile, Malami, his wife and son continue to face trial over alleged ₦8.7 billion money laundering charges.
