The Federal High Court in Abuja has ordered the final forfeiture of about 48 properties linked to former Attorney General of the Federation and Minister of Justice, Abubakar Malami.
Delivering judgment on Wednesday, Justice Joyce Abdulmalik ruled in favour of the Economic and Financial Crimes Commission (EFCC), holding that Malami and other claimants failed to prove that the assets were acquired with legitimate funds.
The Judge also dismissed all objections, motions and applications 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 whether the funds used to acquire them were lawfully obtained.
“The issue before the court was not who owns the property, but how legitimate are the funds used to acquire the properties,” the Judge held.
According to the court, the respondents failed to dispel the reasonable suspicion that the properties were acquired through unlawful activities.
In reaching her decision, Justice Abdulmalik relied mainly on Section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act to grant the final forfeiture order.
However, the court set aside the interim forfeiture order on some of the properties. The EFCC had originally sought the final forfeiture of 57 properties allegedly linked to Malami.
The ruling does not amount to a criminal conviction or a finding of guilt against Malami or any other individual. The former AGF, his wife and his son are, however, facing separate criminal charges, including allegations involving the unlawful acquisition of funds with suspicious origins.
*Background*
The EFCC filed the civil forfeiture suit in January, seeking the permanent forfeiture of 57 properties valued at ₦212.8 billion, which it alleged were proceeds of unlawful activities linked to Malami.
On January 16, during the Federal High Court’s annual vacation, vacation judge, Justice Emeka Nwite granted an interim forfeiture order covering the properties.
He also directed the EFCC to publish the order in a national newspaper to allow 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 affected 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 assets challenged the interim forfeiture order.
They urged the court to dismiss the EFCC’s application, insisting that the properties were lawfully acquired and that the anti-graft agency failed to establish any connection between the assets and criminal activity.
The respondents also argued that the EFCC relied on speculation rather than credible evidence and failed to identify any specific offence from which the properties were allegedly derived.
After the court resumed from its annual vacation, the matter 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 were held in the names of individuals and companies acting as fronts for Malami.
The Commission argued that, under the law, it only needed to establish a “reasonable suspicion” and not prove its case “beyond reasonable doubt.”
Both parties adopted their final written addresses in late May, after which Justice Abdulmalik reserved judgment.
The court initially fixed July 6 for judgment but later postponed the ruling twice before finally delivering its decision on Wednesday.
Malami, his wife and his son are currently standing trial over alleged ₦8.7 billion money laundering charges.
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