Wed, 27 May 2026

 

Court fixes July 6 for judgment in EFCC forfeiture case against Malami
 
By: Abara Blessing Oluchi
Wed, 27 May 2026   ||   Nigeria,
 

The Federal High Court in Abuja has scheduled July 6, 2026, for judgment in the forfeiture suit instituted by the Economic and Financial Crimes Commission (EFCC) against 57 properties linked to former Attorney-General of the Federation and Minister of Justice, Abubakar Malami.

The anti-graft agency is seeking the final forfeiture of the properties, alleging that they are reasonably suspected to have been acquired with proceeds of unlawful activities.

Justice Joyce Abdulmalik fixed the date after counsel to the EFCC, Jibrin Okutepa (SAN), alongside lawyers representing Malami and other respondents, adopted their respective processes and presented arguments for and against the application.

Arguing the motion on Tuesday, Okutepa informed the court that the EFCC’s application, filed in February, was supported by a 47-paragraph affidavit and 46 exhibits. He described the application as comprising “three volumes” of documentary evidence.

The senior advocate urged the court to grant the reliefs sought by the commission, contending that Malami and the other respondents had failed to sufficiently establish that the properties were lawfully acquired.

According to him, the evidence before the court justified the permanent forfeiture of the assets to the Federal Government.

However, counsel to Malami and the other respondents, Adedayo Adedeji, opposed the application and urged the court to vacate the interim forfeiture order earlier granted.

Adedeji stated that the respondents’ counter-application, filed on February 27 and supported by a 109-paragraph affidavit deposed to by Malami, was intended to demonstrate why the EFCC’s request for final forfeiture should fail.

He argued that the commission had not presented credible evidence directly linking the properties to proceeds of crime, insisting that the case was built largely on suspicion.

“The court deals with evidence, not suspicion,” Adedeji told the court while urging the judge to dismiss the application.

The defence further contended that the EFCC relied heavily on extra-judicial statements which, according to counsel, would ordinarily require cross-examination in a substantive criminal trial before they could be admitted as credible evidence.

The forfeiture proceedings are connected to an ongoing N8.7 billion money laundering trial involving Malami, his wife, Asabe Rakiya Bashir, and his son, Abubakar Abdulaziz Malami.

The EFCC is prosecuting the defendants on an amended 16-count charge bordering on alleged conspiracy, procuring, disguising, concealing, and laundering proceeds of unlawful activities amounting to N8.71 billion.

In January, Justice Emeka Nwite of the Federal High Court in Abuja granted the trio bail in the sum of N1.5 billion after they were arraigned on the charges. The defendants pleaded not guilty.

Adedeji also argued that the matter could not be fairly determined without oral testimony, noting that the court had earlier declined an application for oral evidence.

He further maintained that several of the disputed properties were acquired before Malami assumed office as Attorney-General of the Federation and therefore could not be regarded as proceeds of crime.

Counsel representing other individuals and corporate entities joined in urging the court to dismiss the EFCC’s application in the interest of justice.

After hearing arguments from all parties, Justice Abdulmalik adjourned the matter until July 6, 2026, for judgment.

 

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