Amanze Chinonye
The Federal High Court in Abuja has ordered the final forfeiture of 48 properties, including a university, linked to former Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN), to the Federal Government, Prime Business Africa reports.
Delivering judgment on Wednesday, Justice Joyce Abdulmalik held that the Economic and Financial Crimes Commission (EFCC) had established that the properties were reasonably suspected to be proceeds of unlawful activities and that the respondents failed to demonstrate they were acquired through legitimate sources of income.
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The court ruled that the case was not about the ownership of the properties but the legitimacy of the funds used to acquire them.
“The issue before the court is not who owns the properties, but how legitimate are the funds used to acquire the properties,” Justice Abdulmalik said, adding that the respondents had failed to dislodge the reasonable suspicion that the assets were acquired through unlawful activities.
In reaching the decision, the judge relied on Section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act, which empowers the court to order the forfeiture of assets reasonably suspected to be proceeds of crime.
Justice Abdulmalik also dismissed several applications, motions on notice and applications to show cause filed by Malami, members of his family and companies linked to the assets, describing them as lacking merit.
The EFCC had sought the permanent forfeiture of 57 properties worth about ₦212.8 billion, following an interim forfeiture order granted by Justice Emeka Nwite on January 16 after an ex parte application by the commission.
However, the court declined to grant the final forfeiture of nine of the properties located in Kebbi and Kaduna states, holding that the EFCC failed to establish that they were proceeds of unlawful activities. Consequently, the interim forfeiture order on those assets was vacated.
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Following the publication of the interim forfeiture order, Malami, his wife, Nana Hadiza, his son, Abdulaziz, and several companies linked to the properties challenged the action, arguing that the assets were lawfully acquired and that the EFCC had failed to establish any connection between them and criminal activity.
The forfeited assets are spread across the Federal Capital Territory, Kano, Kebbi and Kaduna states and comprise residential, commercial and institutional properties, including a university.
The judgment represents one of the EFCC’s most significant civil asset recovery successes in recent years and is separate from the ongoing criminal proceedings involving Malami and members of his family before the Federal High Court in Abuja.
Amanze Chinonye is a Staff Correspondent at Prime Business Africa, a rising star in the literary world, weaving captivating stories that transport readers to the vibrant landscapes of Nigeria and the rest of Africa. With a unique voice that blends with the newspaper's tradition and style, Chinonye's writing is a masterful exploration of the human condition, delving into themes of identity, culture, and social justice. Through her words, Chinonye paints vivid portraits of everyday African life, from the bustling markets of Nigeria's Lagos to the quiet villages of South Africa's countryside . With a keen eye for detail and a deep understanding of the complexities of Nigerian society, Chinonye's writing is both a testament to the country's rich cultural heritage and a powerful call to action for a brighter future. As a writer, Chinonye is a true storyteller, using her dexterity to educate, inspire, and uplift readers around the world.
