Court Orders Final Forfeiture of 48 Properties Connected to Ex-AGF Malami
The Federal High Court in Abuja has ordered the permanent forfeiture of 48 properties linked to former Attorney General of the Federation and Minister of Justice, Abubakar Malami, to the Federal Government.
Justice Joyce Abdulmalik, in a ruling delivered in Abuja on Wednesday, determined that the Economic and Financial Crimes Commission (EFCC) had established the reasonable suspicion needed by law to justify the forfeiture of the assets.
The judge stated that Malami, his family members, and companies connected to the properties failed to refute the commission’s claim that the assets were obtained with proceeds of illegal activities.
Before delivering the main judgment, Justice Abdulmalik dismissed several motions, notices, and applications to show cause filed by the respondents, describing them as “wanting in merit.”
She noted that the issue before the court was not ownership of the properties but the legality of the funds used to acquire them.
“The issue before the court is not who owns the property, but how legitimate are the funds used to acquire the property,” the judge said.
She added that the respondents had “not dislodged the reasonable suspicion that unlawful activities acquired the property.”
Relying on Section 17 of the Advance Fee Fraud and Other Fraud Related Offenses Act, Justice Abdulmalik granted the EFCC’s request for final forfeiture.
The court, however, lifted the interim forfeiture order for some of the properties.
In January, the anti-graft agency initiated civil forfeiture proceedings seeking to permanently seize 57 properties valued at N212.8 billion, claiming they were proceeds of illegal activities linked to the former AGF.
On January 16, vacation judge Justice Emeka Nwite granted an interim forfeiture order over the properties and instructed the EFCC to publish it in a national newspaper, allowing interested parties to appear and show why the assets 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 connected to the assets challenged the interim forfeiture order.
They argued that the properties were legally acquired and claimed that the EFCC failed to establish any connection between the assets and illegal activities.
They further argued that the agency relied on speculation rather than credible evidence and did not prove that the properties were proceeds of crime or outline any specific criminal offense related to them.
After the court resumed from its annual holiday, the case was reassigned to Justice Abdulmalik for review and judgment.
At the hearing, EFCC’s lawyer argued that investigations showed the properties were bought with proceeds of illegal activities and were registered in the names of individuals and companies acting as fronts for Malami.
The commission also argued that, under the law governing civil forfeiture, it only needed to establish reasonable suspicion, not prove the case beyond a reasonable doubt.
After the parties submitted their final written arguments in May, the court reserved its judgment.
The initial date for the ruling was July 6, but it was postponed twice before Justice Abdulmalik finally announced the decision on Wednesday.
