Malami challenges EFCC forfeiture, cites violation of property rights, presumption of innocence

former Attorney-General of the Federation and Justice Minister

Abubakar Malami, SAN and former Attorney-General of the Federation and Justice Minister, has approached the Federal High Court in Abuja to vacate an interim forfeiture order issued against three of the 57 properties listed by the Economic and Financial Crimes Commission (EFCC) for seizure by the Federal Government.

Malami is contesting the inclusion of properties in Kano, Abuja, and the ADC Kadi Malami Foundation Building, which is held in trust for the estate of his late father, arguing that they were lawfully acquired and properly declared in his asset forms submitted to the Code of Conduct Bureau between 2019 and 2023.

Justice Nwite, sitting as a vacation judge, had on January 6 ordered the temporary forfeiture of all 57 properties, suspected to be proceeds of unlawful activities allegedly linked to Malami.

The judge also directed EFCC to publish the order in a national newspaper to allow interested parties to show cause why the properties should not be permanently forfeited.

Read also: Tinubu wades into Wike, Fubara feud again to ease tensions in Nigeria’s oil capital

Joseph Daudu, SAN, Malami’s lead counsel, argued that the interim order was obtained by the EFCC through suppression of material facts and misrepresentation.

He described the action as a violation of his client’s fundamental rights, including his right to own property, presumption of innocence, and the right to live in peace with his family.

In a motion filed on January 27, 2026, Malami sought an order to set aside the interim forfeiture and restrain EFCC from interfering with his ownership, possession, or control of the properties while the matter is pending.

Daudu emphasised that the properties are not linked to any unlawful activity and highlighted Malami’s declared income from salaries, allowances, business proceeds, gifts, and book publications as evidence of lawful acquisition.

The lawyer further argued that the interim forfeiture order was based on exaggerated valuations and misrepresentation, which misled the court, and urged the matter to be dismissed to avoid conflicting outcomes and duplicative litigation.

The hearing scheduled for January 27 did not take place because the case was not on the cause list, and the file had been returned to the chief judge for reassignment.

Malami is also facing a money laundering charge from the EFCC and is currently detained at the Department of State Services (DSS) facility over a separate allegation related to terrorism financing.

Join BusinessDay whatsapp Channel, to stay up to date