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, over allegations of money laundering.
Delivering judgment, Justice Joyce Abdulmalik ruled that the properties, said to have been acquired with proceeds of crime, should be permanently forfeited to the Federal Government.
The court held that Malami, who served as Justice Minister between November 11, 2015, and May 29, 2023, under former President Muhammadu Buhari, failed to disprove the reasonable suspicion that the assets were unlawfully acquired.
It also dismissed claims that some of the affected properties belonged to the extended Malami family in Kebbi State.
According to the judge, the key legal question was not ownership of the properties but whether the funds used to acquire them were legitimately obtained.
Justice Abdulmalik further ruled that Section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act empowers the court to order the permanent forfeiture of assets traced to illicit activities.
The judgment followed an application filed by the Economic and Financial Crimes Commission (EFCC).
Although the EFCC sought the forfeiture of 57 properties allegedly linked to the former minister, the court found sufficient evidence confirming the legitimate ownership of nine of the assets.
Both the EFCC and Malami adopted their final written addresses on May 26.
The anti-graft agency had earlier secured an interim forfeiture order covering the assets, valued at more than N212 billion.
According to the EFCC, the properties, located across Kebbi, Kano, Kaduna and the Federal Capital Territory, Abuja, were believed to have been purchased with proceeds of crime.
In its ex parte application, the commission argued that the interim order was necessary before seeking a final forfeiture.
Malami is currently standing trial on a 16-count charge bordering on money laundering.
He was arraigned alongside his son, Abdulaziz, and one of his wives, Hajia Bashir Asabe.
The defendants are accused of laundering public funds amounting to about N9 billion.
The EFCC alleged that the former Justice Minister concealed the proceeds of crime by acquiring high-value properties across different states.
After granting the interim forfeiture order, the court directed the commission to publish a notice within 14 days inviting interested parties to show cause why the properties should not be forfeited.
Opposing the application, Malami’s legal team urged the court to set aside the order, insisting the assets were lawfully acquired.
He maintained that the properties were duly declared in asset declaration forms submitted to the Code of Conduct Bureau (CCB), arguing that the EFCC failed to establish a prima facie case linking them to criminal proceeds.
Malami further accused the commission of suppressing material facts, insisting the properties were legally acquired after his appointment and declared to the CCB in 2019 and 2023 in compliance with constitutional requirements.
He also argued that the interim forfeiture order was obtained through exaggerated valuations and misleading facts intended to influence the court.
Counsel to the EFCC, Jibrin Okutepa (SAN), urged the court to grant the final forfeiture order, relying on a 47-paragraph affidavit and 46 exhibits, arguing that Malami failed to satisfactorily explain the legitimate sources of the assets.
In response, Malami’s lawyer, Adedayo Adedeji (SAN), asked the court to dismiss the application, contending that the EFCC’s case was based on suspicion rather than credible evidence.
Among the properties listed by the EFCC were luxury homes, hotels, commercial buildings, shopping plazas, warehouses, farmlands and residential estates located in Abuja, Kano, Kaduna and Kebbi, including assets allegedly acquired through the Khadimiyya for Justice & Development Initiative and several housing projects.
