He argued that the interim forfeiture order was granted without any prima facie proof of illegality.
By Ife Osemedua
365Daily – Former Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN), has approached the Federal High Court in Abuja, seeking an order setting aside the interim forfeiture obtained by the Economic and Financial Crimes Commission (EFCC) against three of his properties.
The properties are part of 57 assets temporarily forfeited to the Federal Government following an ex parte application filed by the EFCC on January 6.
Justice Emeka Nwite, sitting as a vacation judge, had on January 6 ordered the interim forfeiture of the properties after hearing an application moved by EFCC counsel, Ekele Iheanacho (SAN). The judge also directed the anti-graft agency to publish the order in a national daily, inviting interested persons to show cause within 14 days why the assets should not be permanently forfeited.
Mr Malami is contesting the inclusion of properties listed as Nos. 9, 18 and 48 in the schedule attached to the EFCC’s application. The disputed assets include Plot 157, Lamido Crescent, Nasarawa GRA, Kano, purchased on July 31, 2019 and listed as No. 9; a duplex with boys’ quarters at No. 12, Yalinga Street, off Adetokunbo Ademola Crescent, Wuse II, Abuja, acquired in October 2018 for N150 million and listed as No. 18; and the ADC Kadi Malami Foundation Building, purchased for N56 million and listed as No. 48.
The interim forfeiture affects properties located in Abuja, Kano, Kebbi and Kaduna States.
In a motion on notice dated January 26 and filed on January 27, Mr Malami, through his counsel, Joseph Daudu (SAN), accused the EFCC of suppressing material facts and misrepresenting facts in obtaining the interim order.
The application, marked FHC/ABJ/CS/20/2026, seeks an order vacating, setting aside or discharging the interim forfeiture order made on January 6 in respect of the three properties. He also prayed the court for an order restraining the EFCC, its agents or privies, from interfering with his ownership, possession and control of the properties pending the determination of the suit.
Mr Malami argued that the affected properties were duly declared in his asset declaration forms throughout his tenure as a public officer and that property No. 48 is held in trust for the estate of his late father, Khadi Malami Nassarawa.
In a 14-ground argument in support of the application, Mr Daudu submitted that there was no prima facie evidence linking the properties to any unlawful activity or specific offence. He said Mr Malami declared properties Nos. 9 and 18 in asset declaration forms filed with the Code of Conduct Bureau (CCB) in 2019 and 2023.
“These assets, their value, and their root of title have been clearly stated and specifically demonstrated in the various asset declaration forms spanning from 2019 to 2023,” he said.
“The declaration above is prima facie evidence of the legitimacy of the acquisition and ownership of the properties.”
The senior lawyer told the court that Mr Malami disclosed various sources of income in his asset declarations, including N374,630,900 earned from salaries, estacodes, severance allowances and other earnings. He also listed N574,073,000 realised from disposed assets; a business turnover of N10,017,382,684; N2.522 billion as loans to businesses; and N958 million received as traditional gifts from personal friends.
Mr Daudu further stated that Mr Malami earned N509,880,000 from the launch and public presentation of a book titled “Contemporary Issues on Nigerian Law and Practice, Thorny Terrains in Traversing the Nigerian Justice Sector: My Travails and Triumphs.” According to him, the disclosed income streams and continuing business profits sufficiently show that the properties were lawfully acquired.
He argued that the interim forfeiture order was granted without any prima facie proof of illegality and accused the EFCC of exaggerating and maliciously inflating the value of the assets through incompetent valuation to mislead the court.
“The interim order was obtained ex parte by suppression of material facts and misrepresentation,” he said, urging the court to strike out or dismiss the suit to prevent conflicting outcomes and duplicative litigation. He added that the forfeiture proceedings amounted to an assault on Mr Malami’s fundamental rights, including his right to property, presumption of innocence and right to live in peace with his family.
Justice Nwite had on January 6 adjourned the matter to January 27 for a report on compliance with the directive to publish the interim forfeiture order. However, the case did not proceed on the adjourned date as it was not listed, having been heard during the court’s vacation.
The judge subsequently remitted the case file to the Chief Judge of the Federal High Court for reassignment.
Mr Malami is also facing a separate money laundering charge filed against him by the EFCC and is reportedly being detained at the State Security Service (SSS) facility over another allegation bordering on terrorism financing.
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