High Court Orders Forfeiture of Properties Linked to Abubakar Malami
A Federal High Court in Abuja has determined that over 40 properties associated with former Attorney-General and Minister of Justice Abubakar Malami are proceeds of illegal activities, mandating their permanent forfeiture.
Court Ruling Affirmed by Justice Joyce Abdulmalik
In a judgment delivered on Wednesday, Justice Joyce Abdulmalik sided with the Economic and Financial Crimes Commission (EFCC), emphasizing that Malami and other defendants had not satisfactorily disproved the allegations that the assets were acquired using illicit funds.
Legal Focus Centers on Fund Legitimacy
The court clarified that the core issue was not the ownership of the properties but rather the legality of the funds used in their acquisition. Judge Abdulmalik stated that the essential question was how legitimate the funds were and pointed out that the defendants failed to eliminate reasonable doubts regarding the illegal origin of the properties.
Background on the Forfeiture Proceedings
The forfeiture proceedings stemmed from 16 money laundering charges filed by the EFCC against Malami, his son Abdulaziz, his wife Asabe Bashir, and employees of Rahamaniya Properties. The anti-corruption agency alleged that the defendants colluded to obscure the illicit origins of their properties situated in Abuja, Kano, and Kebbi states.
Court Dismisses Defense Motions
Before reaching its decision, the court rejected several motions submitted by Malami, his family, and associated companies, deeming them meritless. Justice Abdulmalik invoked Section 17 of the Advance Payment Fraud and Other Fraud-Related Offenses Act while issuing the final forfeiture order but also lifted the interim forfeiture on certain properties initially identified by the EFCC.
List of Properties Destined for Confiscation
The EFCC had initiated civil forfeiture proceedings in January, targeting 57 properties valued at approximately N212.8 billion as proceeds of corruption. Justice Emeka Nwite had granted an interim order on January 16, directing the EFCC to publish the ruling to allow interested parties to contest the permanent forfeiture.
Defendants Challenge the Interim Forfeiture Order
After the publication, Malami and his co-defendants contested the interim order, asserting that many of the properties were legally obtained. Malami specifically objected to the confiscation of three assets, arguing that they were purchased with legitimate funds derived from salaries, business income, and other lawful sources.
Final Verdict on the Forfeiture
The court dismissed the defendants’ claims that the EFCC manipulated facts, inflated asset valuations, and lacked substantial evidence to impose an interim order. While the court exempted some properties from the forfeiture, it maintained the EFCC’s request for the final confiscation of several implicated assets.
Items on the Confiscated Properties List
The confiscated properties include various real estate developments, such as university buildings, agricultural factories, hotels, pharmacies, supermarkets, and educational institutions. Notable assets in the list include a luxury duplex in Maitama purchased for N500 million, a property formerly known as Harmonia Hotels in Garki bought for N7 billion, and several other diverse commercial and residential properties scattered across Nigeria.
