Malami challenges EFCC, asks court to set aside interim forfeiture order on property

Former Justice Minister Abubakar Malami (SAN) has prayed the Abuja Division of the Federal High Court to vacate the interim order made against three of the 57 properties listed by the Economic and Financial Crimes Commission (EFCC) for forfeiture to the federal government.

Mr Malami, former attorney general of the federation (AGF) of the Muhammadu Buhari administration, is challenging the EFCC over the properties listed as Nos. 9, 18, and 48 in the ex parte motion it brought to the court on January 6.

The three properties sought to be discharged include Plot 157, Lamido Crescent, Nasarawa, GRA, Kano, purchased on July 31, 2019, with no specific amount stated in the schedule as No. 9; a duplex and Boys Quarters at No. 12, Yalinga Street, Off Adetokunbo Ademola Crescent, Wuse Il, Abuja, purchased in October 2018 at N150 million; and ADC Kadi Malami Foundation Building, bought at N56 million, listed as No. 18 and No. 48.

Justice Emeka Nwite, who sat as a vacation judge, had, on January 6, ordered the temporary forfeiture of 57 properties suspected to be proceeds of unlawful activities linked to Mr Malami.

Mr Nwite had granted the order following an ex parte motion moved by the EFCC’s lawyer, Ekele Iheanacho (SAN), to that effect.

The judge then directed the commission to publish the order in a national daily, inviting interested persons to show cause within 14 days why all the property should not be permanently forfeited to the federal government.

The multibillion-naira landed properties are located in Abuja, Kebbi, Kano, and Kaduna States.

However, in a motion on notice filed on Mr Malami’s behalf by a team of lawyers led by Joseph Daudu (SAN), the former AGF alleged that the anti-corruption agency got the interim order by suppression of material facts and misrepresentation.

Mr Malami, who urged the court to dismiss the suit to prevent “conflicting outcomes and duplicative litigation,” argued that the proceeding was an assault on his fundamental right to own property, his presumption of innocence and his right to live in peace with his family.

In the application dated January 26 but filed January 27 by Mr Daudu, marked FHC/ABJ/CS/20/2026, Mr Malami sought two orders:

“An order of this honourable court vacating, setting aside, and/or discharging the interim order(s) of this honourable court made on the 6th of January, 2026, against the respondent/applicant’s (Malami’s) properties listed as Nos. 9, 18, and 48 in the schedule of properties attached to the interim order of forfeiture of 6th January, 2026, the said properties having been duly declared in the respondent/applicant’s asset declaration forms throughout his tenure as a public officer, and No. 48 is held in trust for the estate of the late Khadi Malami Nassarawa.

“An order of this honourable court restraining the applicant/respondent (EFCC), acting by itself or through its servants, agents and proxies, from interfering with the respondent/applicant’s (Malami’s) properties in issue or disturbing the respondent/applicant’s ownership, possession and control thereof in the course of purportedly giving effect to the order of this honourable court made on the 6th of January, 2026.”

In a 14-ground argument, Mr Daudu argued that the assets Nos. 9, 18, and 48, the subject of the interim forfeiture, especially those declared in the various asset declaration forms of Mr Malami, are not linked by prima facie evidence to any unlawful activity or specific offence.

He said Mr Malami had declared the assets listed as Nos. 9 and 18 in his asset declaration forms filed with the Code of Conduct Bureau (CCB) in 2019 and 2023, respectively.

He said property No. 48 is held in trust by the former AGF for the benefit of the estate of his late father, the late Kadi Malami.