Justice Joyce Abdulmalik of the Federal High Court Abuja, has ordered the final forfeiture of more than 40 properties linked to former Attorney General of the Federation and Minister of Justice, Abubakar Malami.
Judge Abdulmalik granted the Economic and Financial Crimes Commission’s (EFCC) application, after holding that the respondents failed to rebut the reasonable suspicion that the properties were acquired through unlawful activities.
Before delivering the substantive judgment, the judge dismissed several applications, motions on notice and applications to show cause filed by Mr Malami, his family members and some companies linked to the properties, describing them as “wanting in merit.”
She held that the issue before the court was not “who owns the property, but how legitimate are the funds used to acquire the properties.”
According to the judge, the respondents had “not dislodged the reasonable suspicion that the property was acquired by unlawful activities.”
Judge Abdulmalik relied principally on Section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act in granting the final forfeiture order.
However, she vacated the interim forfeiture order in respect of some properties.
The EFCC had instituted the civil forfeiture proceedings in January, seeking the permanent forfeiture of 57 properties valued at N212.8 billion, which it alleged were proceeds of unlawful activities linked to former Attorney General of the Federation and Minister of Justice, Abubakar Malami.
On 16 January, during the Federal High Court’s annual vacation, vacation judge Emeka Nwite granted an interim forfeiture order over the properties. He also directed the EFCC to publish the order in a national newspaper for anyone with an interest in the assets to appear before the court and show cause why they should not be permanently forfeited to the Federal Government. The properties are located in Abuja, Kano, Kebbi and Kaduna states.
Following the publication, Mr Malami, his wife, Nana Hadiza Malami, his son, Abdulaziz Abubakar Malami, and several companies linked to the properties filed objections. They urged the court to dismiss the EFCC’s application and set aside the interim forfeiture order, arguing that it was wrongly granted.
They also argued that the properties were lawfully acquired and that the EFCC failed to establish any connection between the assets and any unlawful activity.
The respondents further argued that the EFCC relied on speculation rather than credible evidence. They maintained that the commission neither proved that the properties were proceeds of crime nor identified any specific criminal offence from which the assets were derived.
After the Federal High Court resumed from its annual vacation, the case was reassigned to Judge Joyce Abdulmalik for hearing and determination.
At the hearing, the EFCC maintained that its investigation showed the properties were acquired with proceeds of unlawful activities and held in the names of individuals and companies acting as fronts for Mr Malami. The commission urged the court to make the interim forfeiture order final.
The EFCC also argued that, under the law, it only needed to establish “reasonable suspicion” and not prove its case “beyond reasonable doubt.”
In late May, both sides adopted their final written addresses, after which Judge Abdulmalik reserved judgment.
The court initially fixed 6 July for judgment. It later postponed the decision twice before delivering its ruling on Wednesday.
The properties include: Rayhaan University Buildings, Agro allied factory buildings, machines, hotels, pharmacy, supermarket, primary and secondary schools, oil and gas filling stations, shops and other buildings.
Some of them are: 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 Dec. 2018 at N7,000,000,000.
Plot 683, Jabi District, Cadastral Zone B04, Comprising of a five storey Building (Now Luxurious Meethaq Hotels Ltd, Jabi with 53 rooms/suites), which was purchased in Sept. 2020 at carcass level at N850,000,000 with 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.
Property No. 3 Rhine Street, Maitama, Abuja (Meethaq Hotels Limited, Maitama With 15 ROOMS), which was purchased in February 2018 at N430,000,000 (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.
Shop No. C82 Citiscape — Shariff Plaza, Plot 739 Cadastral Zone A07, Aminu Kano Crescent, Wuse Il, FCT, Abuja, which was purchased in March 2024 at N120,000,000.
No. 4 Ahmadu Bello Way, Nasarawa GRA, Kano, which was purchased in December 2022 at N300,000,000.
Plot 157, Lamido Crescent, Nasarawa, GRA, Kano, purchased in July 2019 with no specific amount stated.
A Plaza, Commercial Toilets, Laundering, Warehouse Tanks Adjacent.
100 Hectares Of Land Along Birnin Kebbi, Jega Road, which was purchased in 2020 at N100,000,000.
Four Bedroom Bungalow Gesse Phase, Birnin Kebbi, which was purchased in 2023 at N101,000, 000.
Shops Nos. A36, B3 Vegas Mall, Wuse 2, Abuja, which was purchased in July 2023 at N158,000,000.
No. 26, Babbi Drive, Bua Estate, Abuja, purchased in 2022 at N136,000,000.
No. 27, Efab Estates Avenue, 59™ Crescent, Gwarimpa, Abuja, purchased in January 2016 at N120,000,000.
Four Bedroom/ 2 Rooms Boys Quarters At No. 10B, Doka Crescent Abakpa GRA, Kaduna, purchased in Jan. 2018 at N40, 000, 000.00.
Plot No. 13, Ipent 7 Estate, Karsana District, Abuja, purchased in June 2018 at N85,000,000.
A Bedroom Duplex & Boys Quarters At No. 12 Yalinga Street, Off Adetokunbo Ademola Crescent, Wuse Il, Abuja, purchased in Oct. 2018 at N150,000,000.
Two Warehouse Shops B40 And B46, Wuse Market, Abuja, purchased in July 2020 at N50,000,000.
Twin Houses At Zone E, Apo Legislative Quarters, Cadastral Zone B01, Plot 14014, Gudu District, Abuja, was purchased between February and May 2017 at N250,000,000.
Properties acquired by Khadimiyya for Justice & Development Initiative at the Academic Garden City, Birnin Kebbi, sold by the Federal Housing Authority Mortgage namely.
Others are nine units of three bedroom, bungalow, three units of two bedroom, bungalow, and 5.4 hectares of land, which were purchased between February 2023 and September 2023 at N187,000,000, among other assets listed in the schedule.
