Breaking: Court orders final forfeiture of many properties linked to Malami

A Federal High Court sitting in Abuja has ordered the final forfeiture of more than 40 properties linked to former Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN.

The court granted the application of the Economic and Financial Crimes Commission (EFCC) seeking the permanent forfeiture of the properties after ruling that the former minister, his family members and companies connected to the assets failed to provide sufficient evidence proving that the properties were acquired through legitimate funds.

Justice Joyce Abdulmalik, who delivered the judgment, held that the major issue before the court was not simply ownership of the properties but the source of funds used for their acquisition.

The ruling followed a legal battle that involved the anti-graft agency, Malami, members of his family and several companies linked to the affected properties.

Court dismisses objections by Malami, family members

Before granting the final forfeiture order, Justice Abdulmalik dismissed several applications, motions on notice and show-cause applications filed by Malami, his wife, Nana Hadiza Malami, his son, Abdulaziz Abubakar Malami, and companies associated with the properties.

The judge described the applications as lacking merit, stating that the respondents failed to disprove the allegations raised by the EFCC.

Justice Abdulmalik noted that the court was concerned with whether the funds used to purchase the properties were legitimate and not merely who claimed ownership of the assets.

She held that the respondents had failed to remove the reasonable suspicion that the properties were acquired through unlawful activities.

EFCC’s allegations over properties

The EFCC had initiated civil forfeiture proceedings in January, seeking the permanent forfeiture of 57 properties valued at about ₦212.8 billion.

The commission alleged that the properties were proceeds of unlawful activities linked to the former Attorney General of the Federation and Minister of Justice.

The properties are located in Abuja, Kano, Kebbi and Kaduna States.

In its application, the EFCC relied on relevant provisions of the Advance Fee Fraud and Other Fraud Related Offences Act to support its request for the permanent forfeiture of the assets.

Justice Abdulmalik relied principally on Section 17 of the Act in granting the final forfeiture order.

Court’s earlier interim forfeiture order

The case began after the EFCC approached the Federal High Court for an interim forfeiture order over the properties.

On January 16, during the court’s annual vacation, Justice Emeka Nwite granted the interim order and directed the anti-graft agency to publish it in a national newspaper.

The publication was intended to give individuals or organisations with interests in the properties an opportunity to appear before the court and explain why the assets should not be permanently forfeited to the Federal Government.

Following the publication, Malami and other interested parties challenged the process, asking the court to dismiss the EFCC’s application and set aside the interim forfeiture order.

Some properties excluded from final order

Although the court granted the final forfeiture of several properties, Justice Abdulmalik also vacated the interim forfeiture order on some of the assets.

The decision means that while a number of properties will be permanently forfeited to the Federal Government, some assets previously affected by the interim order will not be included.

The ruling represents a significant development in the EFCC’s ongoing asset recovery efforts involving high-profile individuals and alleged proceeds of financial crimes.

Malami has consistently denied wrongdoing and challenged the forfeiture proceedings through his legal representatives.

The latest judgment gives the Federal Government control over the properties covered by the final forfeiture order, subject to any further legal steps that may follow.