A Federal High Court in Abuja has ordered the final forfeiture of about 48 properties linked to former Attorney General of the Federation and Minister of Justice, Abubakar Malami, to the Federal Government.
Justice Joyce Abdulmalik delivered the ruling on Wednesday after granting an application filed by the Economic and Financial Crimes Commission (EFCC), holding that Malami and other claimants failed to establish that the assets were acquired through legitimate means.
The judge dismissed several objections and motions filed by Malami, his wife, son and companies claiming ownership of the properties, describing the applications as lacking merit.
Justice Abdulmalik ruled that the central issue before the court was not ownership of the properties but whether the funds used to acquire them were lawfully obtained.
According to the court, the respondents failed to rebut the EFCC’s claim that the assets were reasonably suspected to have been acquired through unlawful activities.
The judge relied on Section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act in making the forfeiture order.
However, the court set aside the interim forfeiture order on some of the properties. The EFCC had initially sought the permanent forfeiture of 57 assets allegedly linked to the former minister.
The anti-graft agency instituted the civil forfeiture proceedings in January, alleging that the properties, valued at about N212.8 billion, were proceeds of unlawful activities.
An interim forfeiture order was granted on January 16 by Justice Emeka Nwite during the court’s annual vacation, with the EFCC directed to publish the order for interested parties to challenge the application.
Following the publication, Malami, his wife Nana Hadiza Malami, his son Abdulaziz Abubakar Malami and several companies filed objections, insisting the properties were lawfully acquired and that the EFCC failed to establish any link between the assets and criminal activities.
They also argued that the commission relied on speculation rather than credible evidence and did not identify any specific offence connected to the properties.
After the case was reassigned to Justice Abdulmalik, the EFCC maintained that its investigation showed the assets were acquired with proceeds of unlawful activities and held through individuals and companies acting as fronts for the former attorney general.
The commission argued that under the law it only needed to establish reasonable suspicion, not prove the allegations beyond reasonable doubt.
Justice Abdulmalik upheld the commission’s position and ordered the final forfeiture of the affected properties.
The ruling comes as Malami, his wife and son continue to face separate money laundering charges involving an alleged N8.7 billion before the court.
