The Federal High Court in Abuja on Wednesday ordered the final forfeiture of 48 properties linked to former Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN), to the Federal Government after ruling in favour of the Economic and Financial Crimes Commission.
Justice Joyce Abdulmalik delivered the judgment after concluding that the EFCC presented enough evidence to raise reasonable suspicion that the assets were acquired through unlawful activities. The court held that Malami, his family members and companies connected to the properties failed to provide convincing evidence to disprove the allegations made by the anti-graft agency.
Before reaching the final decision, the judge dismissed several applications filed by the respondents, ruling that they lacked merit. She also stated that the main issue before the court was not the ownership of the properties but whether the money used to acquire them came from legitimate sources.
The court relied on the provisions of the Advance Fee Fraud and Other Fraud Related Offences Act in granting the EFCC’s request for permanent forfeiture. However, the judge lifted the interim forfeiture order on some of the properties that were initially included in the case.
The EFCC had filed the civil forfeiture proceedings in January, asking the court to permanently seize 57 properties valued at about ₦212.8 billion. The commission alleged that the assets were proceeds of unlawful activities linked to the former minister.
An interim forfeiture order was first granted on January 16 by Justice Emeka Nwite, who directed the EFCC to publish the order in a national newspaper to allow anyone with an interest in the properties to challenge the application before a final decision was made.
The affected 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 linked to the properties challenged the interim order. They maintained that the assets were lawfully acquired and argued that the EFCC failed to establish any connection between the properties and any criminal activity.
The respondents also claimed the commission relied on assumptions rather than credible evidence. They argued that no specific criminal offence was identified as the source of the funds allegedly used to acquire the properties.
After the court resumed from its annual vacation, the matter was reassigned to Justice Abdulmalik. During the hearing, the EFCC argued that its investigation showed the properties were purchased with proceeds of unlawful activities and were held through individuals and companies acting on behalf of Malami. The commission also maintained that civil forfeiture proceedings only require proof of reasonable suspicion and not proof beyond reasonable doubt.
After hearing final arguments from both parties in May, the court reserved judgment before eventually delivering its ruling on Wednesday after two postponements.
Following the judgment, the EFCC released details of the assets affected by the order. The list includes Rayhaan University in Kebbi State, covering its permanent and temporary campuses, a third campus, the vice chancellor’s residence and Rayhaan Radio.
Other forfeited assets include Rayhaan Agro Allied Factory, Azbir Arena, Al-Afiya Energy tanker garage, Rayhaan Security House, an unfinished commercial plaza in Birnin Kebbi, Amasdul Oil and Gas filling station, Zeennoor Hotel with its mosque and the old hotel building in Kano.
The order also covers several residential buildings, hotels, commercial plazas, warehouses, petrol stations, estates and farmlands located in Abuja, Kano and Kebbi.
The EFCC said the judgment has officially transferred ownership of the 48 properties to the Federal Government.
Malami is also facing a separate criminal trial involving an alleged ₦8.7 billion fraud alongside his wife and son.