Hearing in the report of compliance by the Economic and Financial Crimes Commission (EFCC) in respect of the interim forfeiture of 57 properties linked to Abubakar Malami, on Tuesday, could not proceed at the Federal High Court in Abuja.
The News Agency of Nigeria (NAN) reports that Justice Emeka Nwite had, on Jan. 6, ordered an interim forfeiture of the 57 properties allegedly belonging to Malami, the former Attorney-General of the Federation (AGF).
The multi-billion-naira landed properties are located in Abuja, Kebbi, Kano and Kaduna States.
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, in the ruling, also directed the publication of the interim order of forfeiture in any national daily so that any person(s) or body (ies) who might have an interest in the property could show cause, within 14 days of the publication, why a final order of forfeiture to the Federal Government should not be made.
The matter was then adjourned until Jan. 27 for a report of compliance.
However, the matter was not among the 24 cases listed on Tuesday’s cause list, and it was observed that there were lawyers in the courtroom who had filed processes to stop the court from going ahead with the proceedings for final forfeiture of the assets.
When Justice Nwite was about to begin sitting, Jibrin Okutepa, SAN, who led the EFCC’s team of lawyers, informed the court that their matter was adjourned for today for the hearing of their report of compliance.
“My lord, we have a matter that was adjourned on record to today but not on the cause list.
“When I confirmed with the registrar, they said it was a vacation matter,” he said.
Okutepa prayed the court to conclude proceedings on the matter, having been fixed for today.
But Justice Nwite told the lawyer that it is the court tradition that immediately the vacation ends, all cases fixed for the period would be transferred back to the chief judge (CJ) for reassignment.
According to him, the chief judge will reassign the matter substantively to any judge of his choice.
“I think you will have to pursue this administratively so that you can bring this (the case) to his (CJ’s) notice to fast-track the process,” he said.
The judge assured that if the CJ reassigned the case back to his court, the commission would be informed immediately.
The property sought to be permanently forfeited, according to the ruling, includes the following:
**Luxury Duplex at Amazon Street, Plot No. 3011 Within Cadastral Zone, A06 Maitama; File No: AN enhancement 11352, which was purchased in December 2022 at N500,000,000.00 (value after enhancement at N5,950,000,000);
**Two-winged large-storey building situate at No. 3, Onitsha Crescent, Area 11, Garki, Cadastral Zone, A03, Abuja (formerly Harmonia Hotels Limited), FCT, which was purchased in December 2018 at N7,000,000,000.00.
**Plot 683, Jabi District, Cadastral Zone B04, comprising a five-storey building (now luxurious Meethaq Hotels Ltd, Jabi, with 53 rooms/suites), which was purchased in September 2020 at carcass level at N850,000,000.00 with an additional N300,000,000 to take possession (value after completion N8,400,000,000).
**Property No. 3130 within Cadastral Zone A04, Asokoro District, FCT, Abuja, comprising terraces, purchased in January 2021 at N360,000,000.00.
**Property No. 3, Rhine Street, Maitama, Abuja (MEETHAQ HOTELS LTD, MAITAMA WITH 15 ROOMS), which was purchased in February 2018 for N430,000,000.00 (current value after rehabilitation is N12,950,000,000).
**Plot No. 1241B, Asokoro District Zone (No. 11A Yakubu Gowon Crescent), Asokoro District, which was purchased in July 2021 at N325,000,000.00.
**SHOP NO. C82 CITISCAPE — SHARIFF PLAZA, PLOT 739 CADASTRAL ZONE A07, AMINU KANO CRESCENT, WUSE II, FCT, ABUJA, which was purchased in March 2024 at N120,000,000.00.
**NO. 4 AHMADU BELLO WAY, NASARAWA GRA, KANO, which was purchased in December 2022 at N300,000,000.00
**PLOT 157, LAMIDO CRESCENT, NASARAWA, GRA, KANO, purchased in July 2019 with no specific amount stated.
**A PLAZA, COMMERCIAL TOILETS, LAUNDERING, AND WAREHOUSE TANKS ADJACENT TO BIRNIN KEBBI MARKET, WHICH WAS PURCHASED IN 2021 AT N100,000,000.00.
**100 HECTARES OF LAND ALONG BRININ KEBBI, JEGA ROAD, which was purchased in 2020 at N100,000,000.00.
** 4 BEDROOM BUNGALOW GESSE PHASE, BIRNIN KEBBI, which was purchased in 2023 at N101,000,000.00.
** SHOPS NOS. A36 AND B3 VEGAS MALL, WUSE 2, ABUJA, which were purchased in July 2023 at N158,000,000.00.
**NO. 26, BABBI DRIVE, BUA ESTATE, ABUJA, purchased in 2022 at N136,000,000.00.
**NO. 27, EFAB ESTATES AVENUE, 59
**4 BEDROOM/2 ROOMS BOYS QUARTERS AT NO. 10B, DOKA CRESCENT, ABAKPA GRA, KADUNA, purchased in January 2018 at N40,000,000.00.
**PLOT NO. 13, IPENT 7 ESTATE, KARSANA DISTRICT, ABUJA, purchased in June 2018 at N85,000,000.00.
**A BEDROOM DUPLEX & BOYS QUARTERS AT NO. 12 YALINGA STREET, OFF ADETOKUNBO ADEMOLA CRESCENT, WUSE II, ABUJA, purchased in October 2018 at N150,000,000.00.
**TWO WAREHOUSE SHOPS B40 AND B46, WUSE MARKET, ABUJA, purchased in July 2020 at N50,000,000.00.
**TWIN HOUSES AT ZONE E, APO LEGISLATIVE QUARTERS, CADASTRAL ZONE B01, PLOT 14014, GUDU DISTRICT, ABUJA, purchased between February and May 2017 at N250,000,000.00.
**Properties acquired by Khadimiyya for Justice and Development Initiative at the Academic Garden City, Birnin Kebbi, sold by the Federal Housing Authority Mortgage.
These are nine units of three-bedroom bungalows, three units of two-bedroom bungalows, and 5.4 hectares of land, which were purchased between February 2023 and September 2023 at N187,000,000.00.
RAYHAAN UNIVERSITY, KEBBI STATE, which includes the Rayhaan University Permanent Site, Rayhaan University Temporary Site, Rayhaan University Third Site and Rayhaan University Vice Chancellor House, valued at N56,000,000,000.00; N37,800,000,000.00; N2,450,000,000.00 and N490,000,000.00, respectively.
**RAYHAAN AGRO ALLIED FACTORY IN KEBBI, which includes factory buildings, factory machines and plant units, factory mosque, Rayhaan Mill staff quarters and Rayhaan Bustan building valued at N4,200,000,000.00; N10,500,000,000.00; N2,450,000,000.00; N1,487,500,000.00; and N3,150,000,000.00, respectively.
**AZBIR ARENA, KEBBI STATE, which comprises Azbir Hotel, Printing Press, Gallery, Gardens, Mosque, Azbir Clothing and Azbir Pharmacy and Supermarket, valued at N10,325,000,000.00; N1,050,000,000.00; N581,000,000.00; N392,000,000.00; N252,000,000.00; N350,000,000.00; and N175,000,000.00, respectively.
**OTHER PROPERTIES HELD IN KEBBI STATE include Al-Afiya Energy Tanker Garage, opposite Rayhaan University Health Centre, along Sani Abacha Bypass Road,
The EFCC, in the suit marked FHC/ABJ/CS/20/2026 dated Jan. 5 but filed on Jan. 6 by J.S. Okutepa, SAN, had sought two reliefs.
In the affidavit attached to the motion ex parte and deposed to by Daniel Adebayo, an investigating officer with the Special Duties Committee of EFCC, he said the commission received several petitions against Malami from different persons alleging cases of corruption, abuse of office and fraud.
The investigator, who listed three groups that wrote several petitions against the ex-minister, said upon receipt of the series of petitions, they were assigned to his team for discreet investigation.
“In carrying out the mandate of the commission, my team carried out several investigation activities which include making enquiries and receiving financial records from commercial banks and the Central Bank of Nigeria (CBN),” he said.
The investigator said it also included writing and receiving responses from the Corporate Affairs Commission (CAC), the Federal Inland Revenue Services (FIRS) and the Code of Conduct Bureau (CCB).
Others were the Abuja Geographical Information System (AGIS), the Land Registry of Kebbi State, Sokoto State and Kano State, the Kebbi State Inland Revenue Service, the FCT Inland Revenue Services and the National Universities Commission (NUC).
Besides, Adebayo said it included visiting the sold landed properties as well as inviting and interviewing individuals who featured in the investigation.
He said Malami, who was former AGF between 2015 and 2023, was paid a total of N89,664,000.00 as salary between 2015 and 2023 whilst in office, with an average payment of N962,663.68 per month.
“He also received a severance allowance of N12,158,400.00 at the end of his tenure in office,” he said.
The investigator said Malami was also paid estacodes allowances to cover his travel expenses whenever he travelled outside the country on official trips.
According to the officer, he (Malami) calculated and declared a total sum of N253,608,500.00 as the amount he received for the official trips between 2015 and 2023 in a letter written to the Chairman of the CCB as an addendum to his Assets Declaration Form in June 2023.
“Further to sub-paragraph (c) above, Mr Malami SAN, in the course of investigation by the EFCC, also filled and signed another Asset Declaration form which is attached and marked as Exhibit EFCC 4.
“I know that estacode allowances are not paid as income to public officials but to cover expenses which a public officer will incur for official trips outside the country,” he said.
Adebayo averred that Malami did not state that he neither travelled for the official trips nor used the allowances paid for the trips.
“Mr Malami SAN used his position in office as the Honourable Minister of Justice and Attorney General of the Federation to acquire and disguise funds which are not part of his known lawful sources of income.
“That while standing as a guarantor to the loan availed his private enterprises, Rayhaan Hotels Ltd by Zenith Bank Plc, Mr Malami SAN declared his personal assets before a notary public on the 10th of September, 2020.
“In the declaration, Mr Malami SAN stated that the total value of his assets was N41,000,000.00, while his net income per month after expenses was N397,000.
“That I know as a fact and verily believe the findings of the investigation that Mr Malami SAN, whilst in office as the HAGF, indirectly acquired the properties listed in the schedule to the application, with funds reasonably suspected to have been derived from unlawful activities.
“That aside, the actual acquisition of the properties, most of the buildings referred to above in Kebbi State, did not obtain a permit to erect most of the various structures in Kano and Kebbi States.
“That Mr Malami SAN indirectly acquired some of the above-listed properties either in his name or through third-party individuals or front companies/entities (which are currently under his chairmanship via the Rayhaan Group Ltd),” the investigator alleged.
The officer equally listed several other companies under the Rayhaan Group Ltd to include Rayhaan Hotels Limited, Atmal Oil and Gas Limited and Rayhaan Communication Limited, among others. (NAN)
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