The Federal High Court in Abuja, has ordered the final 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 delivered the judgment on Wednesday, granting the Economic and Financial Crimes Commission’s (EFCC) application after holding that Malami and other claimants failed to prove that the assets were acquired through legitimate means.
In her ruling, the judge dismissed several applications 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 assets but the legitimacy 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 properties,” she ruled.
The judge further held that the respondents failed to dislodge the EFCC’s reasonable suspicion that the properties were proceeds of unlawful activities.
Relying on Section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act, Justice Abdulmalik granted the final forfeiture order but vacated the interim forfeiture in respect of some of the assets.
The anti-graft agency had initially sought the forfeiture of 57 properties valued at about ₦212.8 billion, but the court granted final forfeiture for 48 properties.
The case began in January when the EFCC obtained an interim forfeiture order from Justice Emeka Nwite during the Federal High Court’s annual vacation.
The order directed the commission to publish notices inviting anyone with an interest in the assets to appear before the court and show cause why they should not be permanently forfeited.
Following the publication, Malami, his wife, Nana Hadiza Malami, his son, Abdulaziz Abubakar Malami, and several companies challenged the forfeiture, insisting the properties were lawfully acquired and arguing that the EFCC failed to establish any link between the assets and criminal activity.
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They also contended that the commission relied on speculation rather than credible evidence and did not identify any specific offence from which the assets were allegedly derived.
However, the EFCC maintained that its investigations showed the properties were acquired with proceeds of unlawful activities and held in the names of individuals and companies acting as fronts for the former minister.
The commission argued that under Nigeria’s civil forfeiture laws, it was only required to establish reasonable suspicion, rather than prove criminal liability beyond a reasonable doubt.
After hearing final arguments from both parties, Justice Abdulmalik reserved judgment before delivering Wednesday’s ruling.
The court noted that the forfeiture order is a civil proceeding and does not amount to a criminal conviction or a finding of guilt against Malami or any other respondent.
Meanwhile, Malami, his wife and son are separately facing trial over alleged ₦8.7 billion money laundering charges before the Federal High Court.
