A Federal High Court has deferred judgement in the case brought by the Economic and Financial Crimes Commission seeking the permanent forfeiture of 57 properties allegedly connected to former Attorney-General of the Federation, Abubakar Malami.
The case, heard on Monday before Justice Joyce Abdulmalik, had earlier been reserved for judgement after both parties adopted their final written submissions and argued the matter on May 26.
The EFCC is asking the court to transfer ownership of the properties to the Federal Government, arguing that they are reasonably believed to have been acquired through unlawful means.
During the previous proceedings, the commission’s lawyer, Jibrin Okutepa, urged the court to grant the application, relying on a 47-paragraph affidavit and 46 documentary exhibits filed in support of the motion.
Okutepa maintained that Malami and the other respondents failed to provide convincing explanations regarding the lawful acquisition of the assets and therefore asked the court to order their permanent forfeiture.
However, Malami’s counsel, Adedayo Adedeji, urged the court to dismiss the application and overturn the interim forfeiture order previously granted.
Relying on a counter-affidavit sworn by Malami, Adedeji argued that the commission’s case was built on assumptions rather than verifiable proof.
“The court deals with evidence, not suspicion,” he told the court.
He further argued that the EFCC depended largely on extra-judicial statements that should only be tested during a criminal trial through cross-examination. According to him, the court had already declined to take oral evidence in the matter.
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Adedeji also maintained that several of the disputed properties were acquired before Malami assumed office as Attorney-General and therefore could not be classified as proceeds of crime.
Lawyers representing the other respondents and companies named in the suit also asked the court to dismiss the EFCC’s request.
Justice Abdulmalik subsequently fixed July 10 for judgement.
Apart from the forfeiture proceedings, Malami is also facing two separate criminal cases before another judge of the Abuja division of the Federal High Court. One charge relates to alleged money laundering, while the other concerns the alleged unlawful possession of firearms.