The court ordered final confiscation of 48 properties linked to former AGF Malami

The Federal High Court in Abuja has ordered the final confiscation of 48 properties linked to Abubakar Malami, former Attorney General of the Federation (AGF).

In her ruling on Wednesday, Joyce Abdulmalik, the court judge, stated that the Economic and Financial Crimes Commission (EFCC) could prove that the property was the proceeds of unlawful activities.

Before delivering the substantive ruling, the court rejected several applications, motions and notices filed by Malami, his family members and companies related to the disputed assets, finding them without merit.

Judge Abdulmalik argued that the main issue raised by the court was not ownership of the property, but rather whether the funds used to acquire the property were obtained legally.

“The issue before this court is not who owns the property, but how legitimate the funds used to acquire the property are,” the judge ruled.

He further argued that the respondents had failed to dispel the EFCC’s reasonable suspicion that the assets were acquired through unlawful activities.

The court relied on Section 17 of the Advance Fee Fraud and Other Fraud-Related Offenses Act in granting the final forfeiture order.

However, Judge Abdulmalik set aside the temporary confiscation order on some properties, and excluded them from the final order.

The EFCC had initiated civil confiscation proceedings in January, seeking permanent confiscation of 57 properties worth about ₦212.8 billion, alleging that the properties were the proceeds of unlawful activities linked to the former justice minister.

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On January 16, during the annual holiday of the Federal High Court, Justice Emeka Nwite granted a temporary confiscation order on the assets and ordered the anti-corruption agency to publish the order in national newspapers, inviting anyone with an interest in the properties to appear before the court and show reasons why the properties should not be permanently confiscated to the Federal Government.

The affected properties are located in Abuja, Kano, Kebbi and Kaduna states.

Following the issuance of the interim order, Malami, his wife, Nana Hadiza Malami, his son, Abdulaziz Abubakar Malami, and several companies associated with the property filed a lawsuit over the confiscation.

The respondents argued that the assets were obtained legally and argued that the EFCC failed to establish a link between the properties and criminal activities. They also stated that the commission relied more on speculation than reliable evidence and failed to identify the specific violations from which the assets were alleged to have originated.

In response, the EFCC insisted that its investigations revealed that the properties were obtained with the proceeds of unlawful activities and held in the names of individuals and companies acting as fronts for the former Attorney General.

The commission also argued that under the laws governing civil forfeiture proceedings, it was only required to demonstrate reasonable suspicion, not prove its case beyond a reasonable doubt.

After hearing final arguments from both sides in May, Judge Abdulmalik ruled. The ruling, originally scheduled for July 6 and then postponed twice, was finally delivered on Wednesday, culminating in the forfeiture of more than 40 disputed properties to the Federal Government.