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Court Orders Final Forfeiture of 48 Properties Linked to Ex-AGF Malami
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Federal High Court orders permanent forfeiture of 48 properties linked to former AGF Abubakar Malami.
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Court rules claimants failed to prove the assets were acquired with legitimate funds.
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Judge dismisses objections by Malami, family members and associated companies, while excluding some properties from the forfeiture order.
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, in a major ruling on an application brought by the Economic and Financial Crimes Commission (EFCC).
Justice Joyce Abdulmalik delivered the judgment on Wednesday after dismissing objections filed by Malami, members of his family and several companies claiming ownership of the properties. The court held that the applicants failed to establish that the assets were acquired through legitimate means.
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In her ruling, the judge stressed that the central issue before the court was not the identity of the owners of the properties but whether the funds used to acquire them could be shown to have originated from lawful sources.
According to the court, the claimants failed to dispel the EFCC’s reasonable suspicion that the properties were proceeds of unlawful activities.
Relying on the provisions of the Advance Fee Fraud and Other Fraud Related Offences Act, the court granted the commission’s request for final forfeiture of the affected assets.
However, Justice Abdulmalik discharged the interim forfeiture order on some of the properties originally listed by the anti-graft agency, reducing the number of forfeited assets from the 57 initially sought by the EFCC.
The case stemmed from a civil forfeiture action filed by the EFCC in January, in which the commission alleged that the properties, located across Abuja, Kaduna, Kano and Kebbi states, were acquired with proceeds of unlawful activities.
Following an interim forfeiture order earlier granted by the court, Malami, his wife, son and companies linked to the properties challenged the action, insisting the assets were legally acquired and arguing that the EFCC failed to establish any criminal connection between the properties and alleged offences.
During the proceedings, the EFCC maintained that its investigation revealed the assets were held through individuals and companies acting on behalf of the former minister and argued that the law only required it to establish reasonable suspicion in civil forfeiture proceedings.
The court’s decision relates solely to the ownership of the properties and does not amount to a criminal conviction. Meanwhile, Malami, alongside his wife and son, is still facing separate money laundering charges before the court.
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