By Aliyu Oyewole
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 after ruling that the assets were reasonably suspected to have been acquired through unlawful activities.
Delivering judgment on Wednesday, Justice Joyce Abdulmalik held that the Economic and Financial Crimes Commission (EFCC) had met the legal threshold required under the law to justify the permanent forfeiture of the properties.
The court ruled that Malami, his family members and companies associated with the assets failed to rebut the EFCC’s allegations that the properties were proceeds of unlawful activities.
Before delivering the judgment, Justice Abdulmalik dismissed several applications and motions filed by the respondents, describing them as lacking merit.
“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, adding that the respondents failed to dislodge the reasonable suspicion surrounding the source of the funds used to purchase the assets.
Relying on Section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act, the court granted the EFCC’s application for the final forfeiture of the properties. However, the judge discharged the interim forfeiture order in respect of some of the assets.
The anti-graft agency had in January initiated civil forfeiture proceedings seeking the permanent forfeiture of 57 properties valued at approximately ₦212.8 billion, alleging they were acquired with proceeds of unlawful activities linked to the former Attorney General.
Justice Emeka Nwite had earlier granted an interim forfeiture order on January 16 and directed the EFCC to publish the order in a national newspaper to allow interested parties to challenge the forfeiture.
The affected properties are located across Abuja, Kano, Kebbi and Kaduna States.
In response, Malami, his wife Nana Hadiza Malami, his son Abdulaziz Abubakar Malami, and several companies linked to the assets challenged the interim order, insisting the properties were lawfully acquired. They argued that the EFCC failed to establish any connection between the assets and alleged criminal activities and relied on speculation rather than credible evidence.
At the hearing, however, the EFCC maintained that its investigation revealed the properties were acquired through proceeds of unlawful activities and held in the names of individuals and companies acting as fronts for the former minister.
The commission further argued that under Nigeria’s civil forfeiture laws, it was only required to establish reasonable suspicion, not prove criminal guilt beyond a reasonable doubt.
After considering the submissions of both parties, Justice Abdulmalik ruled in favour of the EFCC, ordering the final forfeiture of 48 of the disputed properties to the Federal Government, marking a significant development in one of the country’s high-profile asset recovery cases.
