EFCC Seeks Permanent Forfeiture of Properties Linked to Abubakar Malami
The Economic and Financial Crimes Commission (EFCC) has approached the Federal High Court in Abuja, requesting the permanent forfeiture of 57 properties allegedly connected to former Minister of Justice and Attorney General of the Federation, Abubakar Malami (SAN). This motion highlights the commission’s commitment to combating financial crimes and ensuring accountability in public office.
Court Filings and Allegations
In a motion led by lawyers Jibrin Oktepa (SAN) and Ekere Iheanacho (SAN), the EFCC stated that the respondents had not provided adequate evidence to challenge a previous interim forfeiture order. Addressing Justice Joyce Abdulmalik, the EFCC contended that the lack of a strong defense warranted the court’s approval of their request.
Details of the Motion
The application, referenced as FHC/ABJ/CS/20/2026, names Abubakar Malami as the primary respondent, alongside Hajia Bashir Asabe and Abiru Rahman Abubakar Malami, who are listed as the first to fourth respondents. Additional entities and individuals, including Rayhaan Bustan and various companies, are also among the respondents from fifth to fifteenth positions.
Legal Framework for Forfeiture
This application is filed under Section 17 of the Advance Payment Fraud and Other Fraud-Related Offenses Act, No. 14 of 2006. The EFCC is seeking a final court order to permanently forfeit the identified properties to the Federal Government of Nigeria, claiming they are proceeds of illicit activities. Oktepa outlined several reasons for granting the motion, emphasizing the legal basis for the EFCC’s actions under the relevant legislation.
Findings from Investigations
In an affidavit supporting the motion, EFCC investigator Daniel Adebayo shared that the commission had received numerous petitions alleging corruption and abuse of power by Malami. These allegations prompted extensive investigations, including inquiries and financial records reviews from reputable financial institutions, such as the Central Bank of Nigeria (CBN) and the Corporate Affairs Commission (CAC).
Discrepancies in Income and Assets
Adebayo noted discrepancies between Malami’s legitimate income and the value of the alleged illicitly acquired assets. He reported that from 2015 to 2023, Malami received a total salary of N89,664,000 during his ministerial tenure, coupled with an estacode allowance for official travel. However, these earnings appeared disproportionate to his extensive property holdings, raising questions about the sources of such wealth.
Assets Under Scrutiny
The EFCC’s list of 57 properties spans regions, including Abuja, Kebbi, Kano, and Kaduna, with notable mentions such as the premises of Rayhan University in Kebbi. The court, having issued an interim forfeiture order on January 6, mandates the publication of this order in a national newspaper, inviting any interested parties to contest the proposed forfeiture within a specified timeframe.
Next Steps in the Legal Proceedings
A hearing on the EFCC’s motion has been scheduled for April 21, with the agency’s aggressive stance against corruption on full display. Following procedural challenges and reassignment of the case, the ongoing proceedings reflect the complexities of legal battles in the realm of financial crimes. Malami and the associated parties have contested the EFCC’s civil suit, seeking to nullify the order aimed at their properties.
