Court Orders Final Forfeiture Of 48 Properties Linked To Ex-AGF Malami

The Federal High Court in Abuja has ordered the final forfeiture of 48 properties linked to former Attorney-General of the Federation and Minister of Justice, Abubakar Malami, to the Federal Government in a ruling delivered on Wednesday.

Justice Joyce Abdulmalik held that the properties, which the Economic and Financial Crimes Commission (EFCC) alleged were acquired with proceeds of unlawful activities, should be permanently forfeited after the former minister failed to satisfactorily rebut the allegations against them.

Malami served as Attorney-General and Minister of Justice between November 11, 2015, and May 29, 2023, under the administration of former President Muhammadu Buhari.

Court Upholds EFCC's Case

Delivering judgment, Justice Abdulmalik ruled that the issue before the court was not merely ownership of the properties but whether the funds used to acquire them were lawfully obtained.

The judge rejected arguments that some of the affected properties belonged to members of the wider Malami family in Kebbi State, holding that the decisive legal question was the legitimacy of the source of funds used to acquire the assets.

Justice Abdulmalik further held that Section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act empowers the court to order the permanent forfeiture of assets reasonably believed to have been acquired through proceeds of crime.

The judgment followed an application by the EFCC seeking the final forfeiture of the properties.

Although the anti-graft agency requested the forfeiture of 57 properties allegedly traced to the former minister, the court found credible evidence establishing legitimate ownership of nine of them and excluded those assets from the forfeiture order.

Interim Order Converted To Final Forfeiture

The ruling follows an earlier interim forfeiture order obtained by the EFCC over the assets, which the commission valued at more than ₦212 billion.

The commission had argued that the properties, located across the Federal Capital Territory, Kebbi, Kano and Kaduna states, were acquired with proceeds of crime and sought their permanent forfeiture to the Federal Government.

Following the interim order, the court directed the EFCC to publish notices inviting any interested parties to challenge the proposed forfeiture.

Malami Challenged EFCC's Application

Malami opposed the application and urged the court to set aside the interim forfeiture order.

He maintained that the properties were lawfully acquired and had been properly declared to the Code of Conduct Bureau (CCB) in compliance with constitutional asset declaration requirements.

The former Attorney-General also accused the EFCC of suppressing material facts and deliberately inflating the value of the properties to mislead the court.

According to his legal team, the anti-graft agency relied on exaggerated valuations and suspicion rather than credible evidence linking the assets to criminal proceeds.

EFCC Insisted Assets Were Illicit

At the hearing, EFCC counsel, Jibrin Okutepa (SAN), urged the court to grant the final forfeiture application, relying on documentary evidence and affidavits filed before the court.

Okutepa argued that Malami failed to provide satisfactory explanations regarding the legitimate sources of funds used to acquire the properties.

Counsel to the former Attorney-General, Adedayo Adedeji (SAN), maintained that the EFCC's application lacked sufficient evidence and urged the court to dismiss it.

Properties Covered By The Order

Among the properties listed in the forfeiture proceedings were several high-value residential, commercial and hospitality assets in Abuja, Kano, Kaduna and Kebbi States.

They include luxury properties in Maitama, Asokoro, Wuse II, Gwarimpa and Jabi in Abuja, commercial buildings in Kano and Birnin Kebbi, hotels, warehouses, shopping units, residential estates and large parcels of land allegedly acquired between 2016 and 2024.

The EFCC also listed properties allegedly owned through the Khadimiyya for Justice & Development Initiative, including residential developments and land acquired through the Federal Housing Authority mortgage scheme.

Criminal Charges Still Pending

The forfeiture proceedings are separate from the criminal case involving the former Attorney-General.

Malami, alongside his son, Abdulaziz, and one of his wives, Hajia Bashir Asabe, is facing a 16-count charge filed by the EFCC over alleged money laundering involving about ₦9 billion.

The anti-graft agency alleges that public funds were used to acquire luxury properties across Nigeria, an allegation the defendants deny.

Wednesday's judgment represents one of the EFCC's most significant asset forfeiture victories involving a former senior government official, although the criminal proceedings against the defendants remain before the court.