Court Orders Forfeiture Of 48 Properties, University Linked To Malami

The Federal High Court in Abuja has ordered the final forfeiture of 48 properties, including a university, linked to former Attorney-General of the Federation and Minister of Justice, Abubakar Malami, to the Federal Government.

Justice Joyce Abdulmalik delivered the ruling on Wednesday, holding that the Economic and Financial Crimes Commission (EFCC) established that the properties were reasonably suspected to be proceeds of unlawful activities.

The judge ruled that Malami failed to demonstrate that the assets were acquired through legitimate sources of income.

Justice Abdulmalik also dismissed multiple applications, motions on notice and applications to show cause filed by Malami, members of his family and companies linked to the assets, describing them as lacking merit.

According to the court, the central issue was not ownership of the properties but the legitimacy of the funds used to acquire them.

“The issue before the court is not who owns the properties, but how legitimate are the funds used to acquire the properties,” the judge held, adding that the respondents failed to dispel the 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, Justice Abdulmalik granted the EFCC’s application for the final forfeiture of the 48 properties.

However, the court declined the anti-graft agency’s request to forfeit nine other properties located in Kebbi and Kaduna states, holding that the EFCC failed to prove they were proceeds of unlawful activities. The interim forfeiture order on those properties was consequently set aside.

The EFCC had sought the permanent forfeiture of 57 properties valued at about N212.8bn, alleging they were acquired with proceeds of unlawful activities.

The case followed an interim forfeiture order granted by Justice Emeka Nwite on January 16 after an ex parte application moved by EFCC counsel, Ekele Iheanacho (SAN).

Following the publication of the interim forfeiture order, Malami, his wife, Nana Hadiza Malami, his son, Abdulaziz Abubakar Malami, and several companies linked to the assets challenged the order, insisting the properties were lawfully acquired and arguing that the EFCC failed to establish any nexus between the assets and criminal activity.