Court orders permanent forfeiture of 48 assets linked to ex-AGF Malami

A 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.

Delivering judgment on Wednesday, Justice Joyce Abdulmalik held that the Economic and Financial Crimes Commission (EFCC) had presented sufficient grounds to establish reasonable suspicion that the assets were acquired through unlawful means.

The court ruled that Malami, members of his family and companies associated with the properties failed to effectively counter the anti-graft agency’s claims regarding the source of funds used to acquire the assets.

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 ownership of the properties but whether the funds used to acquire them were lawfully obtained.

“The issue before the court is not who owns the property, but how legitimate are the funds used to acquire the property,” the judge stated.

According to her, the respondents were unable to rebut the EFCC’s allegation that the assets were proceeds of unlawful activities.

Relying on the provisions of Section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act, the court granted the commission’s request for final forfeiture of the properties.

However, the judge lifted the interim forfeiture order on some of the assets, effectively excluding them from the final forfeiture order.

The EFCC had in January commenced civil forfeiture proceedings against 57 properties valued at about N212.8 billion, alleging that they were acquired with proceeds of unlawful activities connected to the former justice minister.

On January 16, Justice Emeka Nwite, sitting as a vacation judge, granted an interim forfeiture order and directed the commission to publish the order in a national newspaper to allow interested parties to contest the action.

The properties are spread across Abuja and the states of Kano, Kebbi and Kaduna.

Following the publication, Malami, his wife, Nana Hadiza Malami, his son, Abdulaziz Abubakar Malami, and several companies linked to the assets challenged the forfeiture proceedings.

They maintained that the properties were legally acquired and argued that the EFCC failed to establish any connection between the assets and alleged unlawful conduct.

The respondents also contended that the commission relied on speculation rather than concrete evidence and failed to identify any specific criminal offence from which the assets were allegedly derived.

After the court’s annual vacation, the matter was reassigned to Justice Abdulmalik, who subsequently heard arguments from both parties.

During the proceedings, EFCC counsel argued that investigations revealed the properties were purchased with proceeds of unlawful activities and registered in the names of individuals and companies allegedly acting as fronts for Malami.

The commission further submitted that civil forfeiture proceedings require proof of reasonable suspicion rather than proof beyond reasonable doubt.

Following the adoption of final written addresses by both sides in May, the court reserved judgment.

Although the ruling was initially scheduled for July 6 and later postponed twice, Justice Abdulmalik delivered the judgment on Wednesday, ordering the permanent forfeiture of 48 of the assets to the Federal Government.