Federal High Court rules that the EFCC established sufficient legal grounds for the assets to be transferred to the Federal Government.
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 (SAN), to the Federal Government.
Delivering judgment on Wednesday, Justice Joyce Abdulmalik held that the Economic and Financial Crimes Commission (EFCC) presented sufficient evidence to establish the reasonable suspicion required under the law for the forfeiture of the assets.
The court ruled that Malami, members of his family and companies associated with the properties failed to rebut the EFCC’s claims that the assets were acquired through proceeds of unlawful activities.
Before delivering the judgment, Justice Abdulmalik dismissed several applications and motions filed by the respondents, describing them as lacking merit.
According to the judge, the central issue before the court was not ownership of the properties but whether the funds used to acquire them were lawfully obtained.
She held that the respondents failed to dispel the reasonable suspicion raised by the anti-graft agency regarding the source of the funds used to purchase the assets.
Relying on the provisions of Section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act, the court granted the EFCC’s application for the final forfeiture of the properties. However, the court lifted the interim forfeiture order on some of the assets initially listed in the proceedings.
The EFCC had commenced civil forfeiture proceedings in January, seeking the permanent forfeiture of 57 properties valued at about ₦212.8 billion, alleging that they were acquired with proceeds of unlawful activities linked to the former minister.
An interim forfeiture order was granted on January 16 by Justice Emeka Nwite, who also directed the commission to publish the order in a national newspaper to allow interested parties to contest the application.
Following the publication, Malami, his wife Nana Hadiza Malami, his son Abdulaziz Abubakar Malami and several companies connected to the properties challenged the order.
The respondents argued that the assets were legitimately acquired and maintained that the EFCC failed to establish any connection between the properties and criminal activities. They also contended that the commission neither identified any specific offence nor produced credible evidence showing that the properties were proceeds of crime.
After the court resumed from its annual vacation, the matter was reassigned to Justice Abdulmalik, who heard final arguments before reserving judgment in May.
During the proceedings, the EFCC argued that its investigation showed the properties were purchased with proceeds of unlawful activities and held in the names of individuals and companies allegedly acting as fronts for Malami. The commission also maintained that civil forfeiture proceedings require proof of reasonable suspicion rather than proof beyond reasonable doubt.
Following the judgment, EFCC spokesperson Dele Oyewale released details of the forfeited assets.
Among them are Rayhaan University in Kebbi State, including its permanent and temporary campuses, a third campus, the Vice Chancellor’s residence and Rayhaan Radio. Also forfeited are Rayhaan Agro Allied Factory, Azbir Arena, Al-Afiya Energy tanker garage, Rayhaan Security House, an uncompleted commercial plaza in Birnin Kebbi, Amasdul Oil and Gas filling Station, Zeennoor Hotel in Kano, Zeennoor Mosque and the former Zeennoor Hotel building.
The forfeiture also covers several residential buildings, commercial plazas, hotels, warehouses, petrol stations, farmlands and estates located across Abuja, Kano and Kebbi states.
According to the EFCC, ownership of the 48 properties has now officially passed to the Federal Government following the court’s ruling.
Malami is also facing trial alongside his wife and son over allegations involving an alleged ₦8.7 billion fraud. The case remains before the court.
