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 favour of the Federal Government.
Delivering judgment on Wednesday, Justice Joyce Abdulmalik ruled that the Economic and Financial Crimes Commission (EFCC) had established sufficient reasonable suspicion under the law to justify the confiscation of the assets.
The judge held that Malami, members of his family and companies connected to the properties failed to counter the EFCC’s claims that the assets were purchased with proceeds of unlawful activities.
Before giving the final ruling, Justice Abdulmalik dismissed several motions, applications and notices filed by the respondents, describing them as lacking merit.
She stressed that the proceedings were not about determining ownership of the properties but examining the legality of the funds used to acquire them.
“The issue before the court is not who owns the property, but how legitimate are the funds used to acquire the property,” the judge said.
She further ruled that the respondents had “not dislodged the reasonable suspicion that the property was acquired by unlawful activities.”
Invoking Section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act, the court granted the EFCC’s request for the final forfeiture of the assets.
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However, the judge lifted the interim forfeiture order on some of the properties that had initially been listed.
The anti-graft agency had approached the court in January, seeking the permanent forfeiture of 57 properties valued at ₦212.8 billion, alleging they were acquired through proceeds of unlawful activities linked to the former AGF.
On January 16, Justice Emeka Nwite, sitting as a vacation judge, granted an interim forfeiture order and directed the EFCC to publish the order in a national newspaper to allow interested parties to appear before the court and explain why the assets should not be permanently forfeited.
The 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 associated with the assets challenged the interim order.
They argued that the properties were legally acquired and maintained that the EFCC failed to establish any connection between the assets and the alleged unlawful activities.
The respondents also contended that the commission relied on speculation rather than credible evidence and neither identified any specific offence nor proved that the assets were proceeds of crime.
After the court resumed from its annual vacation, the matter was reassigned to Justice Abdulmalik for hearing.
During the proceedings, the EFCC maintained that its investigation showed the properties were acquired with proceeds of unlawful activities and registered in the names of individuals and companies allegedly acting as fronts for Malami.
The commission further argued that civil forfeiture proceedings only require proof of reasonable suspicion rather than proof beyond reasonable doubt.
Following the adoption of final written addresses in May, the court reserved judgment.
The ruling, originally scheduled for July 6, was postponed twice before Justice Abdulmalik delivered the final judgment on Wednesday.