Court Again Adjourns Judgment in EFCC's 57-Property Forfeiture Case Against Malami

The Federal High Court in Abuja has again postponed judgment in the Economic and Financial Crimes Commission (EFCC) suit seeking the final forfeiture of 57 properties linked to former Attorney-General of the Federation and Minister of Justice, Abubakar Malami.

The judgment, initially scheduled for Friday before Justice Joyce Abdulmalik, was adjourned to July 15 after the court did not sit.

The News Agency of Nigeria (NAN) reports that Justice Abdulmalik had earlier fixed July 6 for judgment after parties in the matter adopted their final written addresses.

At the previous hearing, counsel to the EFCC, Jibrin Okutepa (SAN), urged the court to grant the anti-graft agency's application for the final forfeiture of the properties, which it alleges are proceeds of unlawful activities.

Okutepa told the court that the commission's motion, filed in February, was supported by a 47-paragraph affidavit and 46 documentary exhibits contained in three volumes.

He argued that Malami and the other respondents had failed to satisfactorily demonstrate that the properties were acquired through legitimate means and asked the court to order their permanent forfeiture to the Federal Government.

However, counsel to Malami, Adedayo Adedeji (SAN), opposed the application, arguing that the former minister had filed a 109-paragraph counter-affidavit explaining the lawful sources of the assets and showing why the forfeiture application should be dismissed.

Adedeji urged the court to set aside the interim forfeiture order, insisting that the respondents had established that the properties were not acquired from the proceeds of any criminal activity.

He argued that the EFCC's case was built largely on suspicion rather than credible evidence.

"The court deals with evidence, not suspicion," he submitted.

The senior lawyer further contended that the anti-graft agency relied on what he described as extrajudicial statements that ought to have been tested during a criminal trial through cross-examination.

According to him, the absence of oral evidence made it impossible for the court to properly determine the issues in dispute.

Adedeji also maintained that several of the properties in question were acquired before Malami assumed office as Attorney-General and therefore could not reasonably be linked to any alleged abuse of office.

He equally adopted separate counter-affidavits filed on behalf of other respondents and companies joined in the suit, urging the court to dismiss the EFCC's application for final forfeiture.

Justice Abdulmalik is now expected to deliver judgment on July 15.