Court orders final forfeiture of 48 choice properties linked to Malami

The Federal High Court in Abuja has ordered the final forfeiture of 48 choice properties linked to Nigeria’s immediate past Attorney General of the Federation and Minister of Justice, Abubakar Malami.

In a judgement delivered on Wednesday, Justice Joyce Abdulmalik ruled that the multi-billion naira assets, which include residential buildings, commercial spaces, and a university must be permanently surrendered to the federal government.

The ruling follows a civil asset forfeiture suit brought by the Economic and Financial Crimes Commission (EFCC). The anti-graft agency had originally secured an interim forfeiture order in January over 57 properties valued at more than 212 billion naira, arguing the assets were the proceeds of unlawful activities acquired during Malami’s ministerial tenure from 2015 to 2023.

Justice Abdulmalik held that the respondents had failed to disprove the reasonable suspicion that the properties were acquired with illicit funds.

“The issue before the court is not who owns the property, but how legitimate are the funds used to acquire the properties,” Justice Abdulmalik held.

“The respondents have not dislodged the reasonable suspicion that the property was acquired by unlawful activities,” she added.

Invoking Section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act, the judge formally granted the EFCC’s application for final forfeiture. However, she vacated the interim forfeiture order in respect of nine of the originally listed properties, ruling that the EFCC had failed to provide sufficient evidence linking those specific assets, located in Kebbi and Kaduna states, to illegal funds.

“Proceeds of Crime”

The former chief law officer, however, remains entangled in deeper legal jeopardy. Malami, his wife, and his son are jointly facing separate, active money-laundering charges brought by the EFCC regarding the suspicious origin of their wealth.

Throughout the proceedings, Malami’s legal team, led by Adedayo Adedeji, urged the court to throw out the EFCC’s suit, arguing the anti-graft agency was acting on mere speculation.

The assets “were not acquired from proceeds of crime,” Adedeji argued in court filings, urging the judge to hold that the respondents had demonstrated clear, legitimate pathways to their wealth.

The EFCC prosecution, led by Jibrin Okutepa, argued that the former minister had “woefully failed to show cause” as to how a public servant could acquire such vast, high-value real estate holding portfolios across the country.