Justice Abdulmalik says respondents failed to disprove EFCC’s claim that assets were acquired through unlawful activities.
The Federal High Court in Abuja has ordered the final forfeiture of more than 40 properties linked to former Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN).
Justice Joyce Abdulmalik granted the application by the Economic and Financial Crimes Commission (EFCC), ruling that the respondents failed to rebut the reasonable suspicion that the properties were acquired through proceeds of unlawful activities.
Before delivering the ruling, the judge dismissed several applications and motions filed by Malami, his family members and companies connected to the properties, describing them as lacking merit.
Justice Abdulmalik held that the major issue before the court was not ownership of the properties, but whether the funds used for their acquisition were legitimate.
According to the judge, the respondents had failed to dislodge the EFCC’s suspicion that the assets were acquired through unlawful means.
The court relied on provisions of the Advance Fee Fraud and Other Fraud Related Offences Act in granting the final forfeiture order.
However, Justice Abdulmalik vacated the interim forfeiture order on some of the properties.
The EFCC had in January filed a civil forfeiture suit seeking the permanent forfeiture of 57 properties valued at ₦212.8 billion, alleging that they were proceeds of unlawful activities linked to the former minister.
The properties, located in Abuja, Kano, Kebbi and Kaduna states, were initially placed under interim forfeiture after Justice Emeka Nwite granted the commission’s request during the court’s annual vacation.
Following the order, Malami, his wife, Nana Hadiza Malami, his son, Abdulaziz Abubakar Malami, and companies linked to the assets approached the court, challenging the forfeiture proceedings.
They argued that the properties were legally acquired and accused the EFCC of relying on speculation rather than concrete evidence.
The respondents maintained that the anti-graft agency failed to establish any link between the properties and criminal activities.
However, the EFCC insisted that its investigations revealed that the assets were acquired with proceeds of unlawful activities and allegedly held through individuals and companies acting as fronts for the former minister.
The commission urged the court to make the interim forfeiture order permanent, arguing that it only needed to establish reasonable suspicion under the law and not prove criminal guilt beyond reasonable doubt.
Justice Abdulmalik delivered the judgment on Wednesday after both parties adopted their final written addresses in May.