Malami Takes EFCC to Court Over Interim Forfeiture of Properties

Malami Takes EFCC to Court Over Interim Forfeiture of Properties

Former Attorney-General of the Federation and Justice Minister, Abubakar Malami, SAN, has urged the Federal High Court in Abuja to set aside an interim forfeiture order placed on three properties listed by the Economic and Financial Crimes Commission (EFCC) for forfeiture to the Federal Government.

Malami is challenging the interim order granted on January 6, 2026, which affected 57 properties allegedly suspected to be proceeds of unlawful activities. Specifically, he is contesting the inclusion of properties listed as No. 9, No. 18 and No. 48 in the EFCC’s ex parte application.

The disputed properties include Plot 157, Lamido Crescent, Nasarawa GRA, Kano, purchased in 2019; a bedroom duplex with boys’ quarters at No. 12, Yalinga Street, Wuse II, Abuja, reportedly acquired for ₦150 million in 2018; and the ADC Kadi Malami Foundation Building, valued at ₦56 million. Malami maintained that the assets were lawfully acquired and duly declared in his asset declaration forms during his tenure in public office.

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The interim forfeiture order was issued by Justice Emeka Nwite, sitting as a vacation judge, following an ex parte motion filed by the EFCC. The court had directed the anti-graft agency to publish the order in a national daily, inviting interested parties to show cause within 14 days why the properties should not be permanently forfeited.

However, in a motion on notice filed by Malami’s legal team led by Joseph Daudu, SAN, the former AGF accused the EFCC of suppression of material facts and misrepresentation in securing the interim order. He argued that none of the three properties is linked by prima facie evidence to any criminal offence or unlawful activity.

Malami further contended that the properties had been declared to the Code of Conduct Bureau (CCB) in 2019 and 2023, adding that one of the assets is held in trust for the estate of his late father. According to his lawyers, the declarations constitute prima facie proof of legitimacy, supported by multiple lawful income streams, including earnings from salaries, business turnover, asset disposal, loans, gifts, and proceeds from a published book.

The former justice minister urged the court to dismiss or strike out the forfeiture proceedings, warning that allowing the case to continue could result in conflicting outcomes and duplicative litigation. He also described the forfeiture action as a violation of his fundamental rights, including the right to property, presumption of innocence, and the right to peaceful family life.

The matter could not proceed on January 27 due to procedural issues following the court vacation, with the case file reportedly returned to the Chief Judge for reassignment. Meanwhile, several other lawyers have filed applications seeking to stop further steps toward final forfeiture of the properties.

Malami Takes EFCC to Court Over Interim Forfeiture of Properties