Justice Joyce Abdulmalik of Federal High Court for Abuja don order final forfeiture of more than 40 properties wey link to former Attorney General of Federation and Minister of Justice, Abubakar Malami.
Di judge grant Economic and Financial Crimes Commission (EFCC) application after she hold say di respondents no fit rebut reasonable suspicion say di properties na through unlawful activities dem acquire am.
Before she deliver di substantive judgment, di judge dismiss plenty applications, motions on notice and applications to show cause wey Mr. Malami, im family members and some companies wey link to di properties file, and she describe dem as “wanting in merit.”
She hold say di issue before court no be “who own di property, but how legitimate be di funds wey dem use acquire di properties.” According to di judge, di respondents “no dislodge di reasonable suspicion say di property na by unlawful activities dem acquire am.”
Justice Abdulmalik rely principally on Section 17 of Advance Fee Fraud and Other Fraud Related Offences Act to grant di final forfeiture order. However, she vacate di interim forfeiture order for some properties.
Earlier, on January 16, during Federal High Court annual vacation, vacation judge Emeka Nwite grant interim forfeiture order over di properties. He also direct EFCC to publish di order for national newspaper so anybody wey get interest for di assets fit appear before court and show cause why dem no go permanently forfeit am to Federal Government.
Di properties dey for Abuja, Kano, Kebbi and Kaduna states. After di publication, Mr. Malami, im wife Nana Hadiza Malami, im son Abdulaziz Abubakar Malami, and some companies wey link to di properties file objections.
Dem urge court to dismiss EFCC application and set aside di interim forfeiture order, arguing say dem wrongly grant am. Dem also argue say di properties na lawfully dem acquire am and say EFCC fail to establish any connection between di assets and any unlawful activity.
Di respondents further argue say EFCC rely on speculation rather than credible evidence. Dem maintain say di commission neither prove say di properties na proceeds of crime nor identify any specific criminal offence from which dem derive di assets.
After Federal High Court resume from annual vacation, dem reassign di case to Justice Joyce Abdulmalik for hearing and determination. For di hearing, EFCC maintain say dia investigation show say di properties na with proceeds of unlawful activities dem acquire am and dem hold am for names of individuals and companies wey dey act as fronts for Mr. Malami.
Di commission urge court to make di interim forfeiture order final. EFCC also argue say under di law, e only need to establish “reasonable suspicion” and no need to prove dia case “beyond reasonable doubt.”
For late May, both sides adopt dia final written addresses, after which Abdulmalik reserve judgment. Di court initially fix July 6 for judgment. E later postpone di decision two times before e deliver di ruling on Wednesday.
According to Vanguard report, di court hold say Malami, wey serve as Justice Minister from November 11, 2015 to May 29, 2023 under former President Muhammadu Buhari administration, fail to rebut di reasonable suspicion say di properties na through unlawful activities dem acquire am.
Di court dismiss contentions say some of di affected properties belong to di larger Malami family for Kebbi State. According to court, di legal issue no be “who own di property, but how legitimate be di funds dem use acquire dem.”
Di judgment follow application wey EFCC file. Although di anti-graft agency seek forfeiture of 57 choice properties wey e say dem trace to di former minister, di court hold say there be credible evidence wey establish di genuine ownership of nine of di listed properties.
EFCC and Malami adopt dia final written addresses for di matter on May 26. Di anti-graft agency earlier secure interim forfeiture order for di assets wey dem value at over N212 billion.
According to di agency, di properties wey spread across three states (Kebbi, Kano, and Kaduna) and Federal Capital Territory, Abuja, dem believe say na with proceeds of crime dem acquire am. For ex parte motion wey dem bring before court, di agency say di interim order dey needed as precursor to final forfeiture of di properties to federal government.
Malami dey currently face 16-count money laundering charge. Dem arraign am before court alongside im son Abdulaziz and one of im wives Hajia Bashir Asabe. Di defendants dem allege say dem launder public funds totalling about N9 billion.
According to EFCC, di former Justice Minister, for bid to hide im proceeds of crime, resort to acquiring choice properties for various cities and states. After dem grant di interim forfeiture order, di court direct di agency to publish within 14 days a notice wey go invite anybody wey get interest for any of di properties to appear before e and show cause why dem no go forfeit am to government.
Dissatisfied with EFCC application, Malami legal team approach court to make e set am aside, insisting say di properties na legitimately dem acquire am. E tell court say di properties dey appropriately listed for various asset declaration forms wey e file with Code of Conduct Bureau (CCB), insisting say EFCC fail to adduce any prima facie evidence say dem acquire am through proceeds of crime.
Accusing EFCC of suppressing material facts, Malami maintain say di agency move against am over properties wey “dem lawfully acquire post-appointment of di respondent/applicant and declare with Code of Conduct Bureau as legitimate assets of di respondent/applicant, in compliance with 5th Schedule to Constitution of Federal Republic of Nigeria, in 2019 and 2023.”
E argue say di interim forfeiture order dem obtain through “manifest exaggeration, malicious inflation of value of assets, and unreasonable and incompetent valuation wey dem deliberately manipulate to mislead di court, negatively affecting im discretion for granting order wey base on manipulated facts and conclusions wey dem deliberately cook up by di applicant/respondent (EFCC).”
While e adopt im final brief of argument, counsel to EFCC Mr. Jibrin Okutepa, SAN, pray di court to grant di final forfeiture order, relying on 47-paragraph affidavit and 46 exhibits wey dem file for support of di motion. Okutepa argue say Malami fail to satisfactorily explain di legitimate sources of di assets and urge di court to order dia permanent forfeiture.
For response, Adedayo Adedeji, SAN, wey represent di former AGF, urge di court to dismiss di application and set aside di interim forfeiture order wey dem earlier grant. Adedeji rely on counter-affidavit wey Malami depose to argue say EFCC case na for suspicion dey found rather than credible evidence.
Some of di properties wey dem allegedly trace to di former AGF include luxury duplex for Amazon Street, Maitama; two-wing large storey building; property for Asokoro District; shops; and four-bedroom house for Kano, among others.
