Why 57 properties linked to Malami should be permanently confiscated from FG – EFCC

The Economic and Financial Crimes Commission (EFCC) has told the Federal High Court in Abuja that the 57 properties allegedly linked to Abubakar Malami, SAN, former Minister of Justice, should be permanently forfeited to the Federal Government.

The EFCC, in a motion for notification for final property forfeiture filed by its team of lawyers led by Jibrin Okutepa, SAN, and Ekele Iheanacho, SAN, told Justice Joyce Abdulmalik that the defendants had not presented sufficient evidence before the court to entitle the court to quash the previous interim order.

The motion, marked: FHC/ABJ/CS/20/2026, named ex-AGF, Abdulaziz Abubakar Malami, Hajia Bashir Asabe, Abiru’ Rahman Abubakar Malami as the 1st to 4th respondents.

Other respondents are Rayhaan Bustan and Agro Allied Ltd, Mountain View Gold and Jewelery Ltd, Amasdul Oil and Gas Ltd, Azbir Arena Nigeria Ltd, Meethaq Hotels Ltd from 5th to 9th respondents.

They also include Rayhaan University Ltd/GTE, Rayhaan Hotels Ltd, Zeenoor Hotels Ltd, Brahim’s Kawsar Ben, Alhaji Muktaka Usman Junju, Real Edge Agro Services Ltd 10th to 15th respondents respectively.

The appeal was presented pursuant to article 17 of law no. 14 of 2006 relating to fraud and other crimes related to advance fraud.

The anti-corruption agency sought “a final order from this honorable court confiscating from the Federal Government of Nigeria the properties described in the table below, which have been found by the commission to be properties reasonably suspected of being proceeds of illegal activities.”

Giving six reasons why the application should be granted, Okutepa argued that the court has the legal powers under the provisions of Section 17 of the Advance Fee Fraud and Other Fraud-Related Offenses Act, 2006, to award the damages sought.

The lawyer said that this is an asset confiscation proceeding without conviction.

According to him, the seized and confiscated properties are reasonably suspected to be from illegal activities.

“This honorable court has issued an interim order of property confiscation to the Federal Government of Nigeria.

“The order of the honorable court has been published in a national newspaper i.e. THISDAY Newspaper dated 9th January 2026.

“No sufficient reason has been demonstrated why the properties subject to the provisional confiscation order should not be permanently confiscated from the Federal Government of Nigeria,” Okutepa said.

In the affidavit in support of the motion, Daniel Adebayo, an investigating officer of the Special Duties Committee of the EFCC, said he had the consent of the chairman of the commission to testify in the affidavit and based on the facts gathered during the course of the investigation.

He said the commission had received several petitions against the former minister from different organizations alleging a serious case of corruption, abuse of office and fraud.

He said that after receiving the batch of petitions, his team carried out several investigative activities which included investigating and receiving financial documents from commercial banks and the Central Bank of Nigeria (CBN).

He said the team wrote to and received response from the Corporate Affairs Commission (CAC), Federal Internal Revenue Services (FIRS), Code of Conduct Bureau (CCB) and Abuja Geographic Information System (AGIS).

He said it also includes Kebbi State Land Registry, Sokoto State and Kano State, Kebbi State Inland Revenue Service, FCT Inland Revenue Services, National Universities Commission (NUC), visitation of sold landed properties and asset valuation.

The officer said the team invited and interviewed people involved in the investigation.

It listed Malami’s legitimate sources of income while serving as minister between 2015 and 2023, including salaries, allowances, estacodes, the total sums of which were not commensurate with the allegedly illegally acquired properties.

“I know for certain and sincerely believe the results of the investigation, which are as follows:

“Mr Abubakar Malami, SAN, served as Honorary Minister of Justice and Attorney General of the Federation, hereinafter referred to as HAGF, from 2015 to 2023.

“He was paid a total of N89,664,000.00 as salary between 2015 and 2023, while in office, with an average payment of N962,663.68 per month.

“He also received a severance pay of N12,158,400.00 upon completion of his tenure.

“Mr Malami SAN also received estacodes allowances to cover his travel expenses whenever he traveled outside the country on official trips.

“He calculated and declared a total sum of N253,608,500.00 as amount received for official travel between 2015 and 2023 in a letter written to the President of the BCC as an addendum to his Asset Declaration Form in June 2023.

“Annexed and marked collectively as EFCC Exhibit 2 and 3 are copies of the asset declaration forms completed by Mr. Malami SAN from 2015 to 2023, together with a letter dated 16 June 2023 written by him to the Chairman of the CCB as an addendum to the asset declaration form found in his house during the execution of the search warrant by EFCC.”

It said that “aside from the actual acquisition of the properties which are manifestly disproportionate to Mr Malami SAN’s known and legitimate sources of income, no building permit/approval has been obtained from the relevant authorities to erect most of the various structures in Kano and Kebbi states as part of a scheme to disguise the illegal origin of the funds used to acquire the assets.”

Adebayo alleged that Malami acquired some of the multiple assets indirectly in his name either through third party individuals or shell companies/entities (which are currently under his chairmanship at Rayhaan Group Ltd).

The EFCC has listed the 57 multi-billion naira land holdings located in Abuja, Kebbi, Kano and Kaduna states, including temporary and permanent sites of Rayhaan University in Kebbi.

Judge Abdulmalik had set April 21 for the hearing of the commission’s motion.

A sister court, presided over by Justice Emeka Nwite, had, on January 6, ordered the provisional forfeiture of the 57 properties suspected to be proceeds of illegal activities to the Federal Government.

The judge made the order following an ex parte motion moved by the EFCC lawyer, Iheanacho.

The judge ordered the commission to publish the order in a national newspaper for interested persons to demonstrate, within 14 days, why all properties should not be permanently confiscated from the federal government.

The case, however, was reassigned to Justice Obiora Egwuatu after the holiday ended, but Egwuatu recused himself from the matter, citing personal reasons and in the interest of justice, before it was reassigned to Abdulmalik.

Malami and others had since challenged the anti-corruption agency’s civil case, praying the court to quash the order.