Former Nigerian Justice Minister Abubakar Malami has asked a Federal High Court in Abuja to set aside an interim forfeiture order on three properties listed by the Economic and Financial Crimes Commission among assets it is seeking to confiscate.
Malami, who served as attorney general of the federation under former President Muhammadu Buhari, is challenging the inclusion of properties listed as numbers 9, 18 and 48 in an ex parte motion filed by the EFCC on Jan. 6.
The properties include a plot of land at Lamido Crescent in the Nasarawa Government Reserved Area of Kano, a five-bedroom duplex with boys’ quarters in the Wuse II district of Abuja, and a building belonging to the ADC Kadi Malami Foundation. The Abuja property was listed as having been purchased in 2018 for 150 million naira, while the foundation building was valued at 56 million naira.
Justice Emeka Nwite, sitting as a vacation judge, ordered the temporary forfeiture of 57 properties on Jan. 6 after granting an ex parte application filed by the EFCC. The court directed the anti-graft agency to publish the order in a national newspaper, inviting interested parties to show cause within 14 days why the assets should not be permanently forfeited to the federal government.
In a motion on notice filed by Malami’s legal team, led by senior advocate Joseph Daudu, Malami alleged that the EFCC obtained the interim order through misrepresentation and suppression of material facts.
Malami argued that the forfeiture proceedings violated his constitutional rights to property, the presumption of innocence and peaceful enjoyment of his family life. He asked the court to vacate the interim forfeiture order as it applies to the three properties and to restrain the EFCC from interfering with his ownership and possession of them.
In written submissions, Malami said the properties had been duly declared in his asset declaration forms submitted to the Code of Conduct Bureau during his tenure in public office. He said the third property was held in trust for the estate of his late father, Kadi Malami Nassarawa.
“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,” Daudu said in court filings, arguing that the declarations constitute prima facie evidence of lawful acquisition.
The EFCC has yet to respond publicly to Malami’s application.
