- Court orders forfeiture of 48 Malami-linked properties
- EFCC convinces court assets came from unlawful activities
- Some interim forfeiture orders were lifted
The Federal High Court in Abuja has ordered the permanent forfeiture of 48 properties linked to former Attorney General of the Federation and Minister of Justice, Abubakar Malami, to the Federal Government.
Delivering judgment on Wednesday, Justice Joyce Abdulmalik held that the Economic and Financial Crimes Commission (EFCC) had met the legal threshold required to justify the forfeiture of the assets, Eko Hot Blog gathered.
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The judge ruled that Malami, his relatives and companies associated with the properties failed to counter the EFCC’s claim that the assets were acquired through proceeds of unlawful activities.
Before issuing the final order, Justice Abdulmalik dismissed several applications and motions filed by the respondents, describing them as lacking merit.
She emphasised that the central issue before the court was not who owned the properties but whether the funds used to acquire them were lawfully obtained.
According to the court, the respondents failed to rebut the EFCC’s reasonable suspicion that the assets were linked to unlawful activities.
Relying on the provisions of Section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act, the court granted the anti-graft agency’s request for final forfeiture.
However, Justice Abdulmalik lifted the interim forfeiture order on some of the properties that were initially covered by the proceedings.
The EFCC had in January filed a civil forfeiture suit seeking the permanent seizure of 57 properties valued at about ₦212.8 billion, alleging they were acquired with proceeds of unlawful activities connected to the former justice minister.
An interim forfeiture order was granted on January 16 by Justice Emeka Nwite, who also directed the commission to publish the order in a national newspaper to allow interested parties to contest the application.
The affected properties are located across 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 order.
They maintained that the properties were lawfully acquired and argued that the EFCC failed to establish any connection between the assets and alleged criminal activities.
The respondents also contended that the commission relied on speculation and did not identify any specific offence from which the assets were allegedly derived.
After the court resumed from its annual vacation, the case was reassigned to Justice Abdulmalik, who heard arguments from both parties before reserving judgment in May.
In its final submissions, the EFCC argued that investigations showed the properties were purchased with proceeds of unlawful activities and registered in the names of individuals and companies acting on Malami’s behalf.
The commission further maintained that civil forfeiture proceedings only require proof of reasonable suspicion, not proof beyond reasonable doubt.
Justice Abdulmalik subsequently delivered judgment, granting the EFCC’s application for the final forfeiture of 48 properties to the Federal Government.
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