Former Justice Minister Abubakar Malami, SAN, has prayed a Federal High Court sitting in Abuja to vacate the interim order made against three of the 57 property listed by the Economic and Financial Crimes Commission, EFCC, for forfeiture to the Federal Government.
Malami, former Attorney-General of the Federation, AGF, Muhammadu Buhari administration, is challenging the EFCC on the property listed as No. 9, No. 18 and No. 48 in the ex-parte motion it brought to the court on January 6.
The three property, sought to be discharged, include Plot 157, Lamido Crescent, Nasarawa, GRA, Kano, purchased in July 31, 2019 with no specific amount stated in the schedule as No. 9.
They also include a Bedroom 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 Nwite, who sat as vacation judge, had, on January 6, ordered the temporary forfeiture of 57 property suspected to be proceeds of unlawful activities linked to Malami.
Justice Nwite had granted the order following an ex-parte motion moved by the EFCC’s lawyer, Ekele Iheanacho, SAN, to the effect.
The judge then directed the commission to publish the order in a national daily for interested person(s) to show cause, within 14 days, why all the property should not be permanently forfeited to the Federal Government.
However, in a motion on notice filed on Malami’s behalf by a team of lawyers led by Joseph Daudu, SAN, the ex-AGF alleged that the anti-corruption agency got the interim order by suppression of material facts and misrepresentation.
Malami, who urged the court to dismiss the suit to prevent “conflicting outcomes duplicative litigation,” argued that the proceeding was an assault on his fundamental right to owned property, his presumption of innocence and his right to live in peace with his family.
In the application, Malami sought two orders:
“An order of this court vacating, setting aside and/or discharging the interim order(s) of this court made on January 6, 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 January 6, 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 Late Khadi Malami Nassarawa.
“An order of this 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, Daudu argued that the assets Nos. 9, 18, and 48, the subject of interim forfeiture, especially those declared in the various asset declaration forms of Malami are not linked by prima facie evidence of an unlawful activity or a specific offence.
He said 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, Late Kadi Malami.
“These assets, their value and their root of title have been clearly stated and specifically demonstrated in the various asset declaration forms spanning from 2019 to 2023.
“The declaration above is prima facie evidence of the legitimacy of the acquisition and ownership of the properties,” Daudu said.
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