Former Minister of Justice and Attorney-General of the Federation (AGF), Abubakar Malami, SAN, has asked the Federal High Court in Abuja to vacate an interim forfeiture order made against three of the 57 properties listed by the Economic and Financial Crimes Commission (EFCC) for forfeiture to the Federal Government.
Malami, who served as AGF during the administration of former President Muhammadu Buhari, is challenging the EFCC over properties listed as Nos. 9, 18 and 48 in the ex-parte motion filed by the anti-graft agency on January 6.
The properties sought to be discharged include Plot 157, Lamido Crescent, Nasarawa GRA, Kano, purchased on July 31, 2019, with no purchase price stated in the schedule (No. 9); a five-bedroom duplex with boys’ quarters at No. 12, Yalinga Street, off Adetokunbo Ademola Crescent, Wuse II, Abuja, acquired in October 2018 for N150 million (No. 18); and the ADC Kadi Malami Foundation Building, purchased for N56 million (No. 48).
The News Agency of Nigeria (NAN) reports that Justice Emeka Nwite, sitting as a vacation judge, on January 6 ordered the interim forfeiture of 57 properties suspected to be proceeds of unlawful activities allegedly linked to Malami.
The order followed an ex-parte motion moved by EFCC’s counsel, Ekele Iheanacho, SAN, after which the judge directed the commission to publish the forfeiture order in a national daily, inviting interested persons to show cause within 14 days why the properties should not be permanently forfeited to the Federal Government.
The multi-billion-naira properties are located in Abuja, Kebbi, Kano and Kaduna states.
However, in a motion on notice filed on Malami’s behalf by a legal team led by Joseph Daudu, SAN, the former AGF alleged that the EFCC obtained the interim order through suppression of material facts and misrepresentation.
Malami urged the court to dismiss the suit to avoid what he described as “conflicting outcomes and duplicative litigation,” arguing that the proceedings constituted an assault on his right to property, presumption of innocence, and right to live peacefully with his family.
In the application dated January 26 and filed January 27, marked FHC/ABJ/CS/20/2026, Malami sought two reliefs, including an order vacating the interim forfeiture of the three properties, which he said were duly declared in his asset declaration forms during his tenure as a public officer. He also sought an order restraining the EFCC from interfering with his ownership, possession and control of the properties.
In a 14-ground argument, Daudu contended that the properties were not linked by prima facie evidence to any unlawful activity or specific offence. He said Malami had declared assets listed as Nos. 9 and 18 in his asset declaration forms submitted to the Code of Conduct Bureau (CCB) in 2019 and 2023, while property No. 48 was held in trust for the estate of Malami’s late father, Late Kadi Malami.
According to the senior lawyer, Malami’s declared sources of income included N374.63 million from salaries, estacodes, severance allowances and other earnings; N574.07 million from disposed assets; N10.01 billion turnover from businesses; N2.52 billion in loans to businesses; and N958 million received as traditional gifts from personal friends.
Daudu also said Malami earned N509.88 million from the launch and public presentation of his book titled “Contemporary Issues on Nigerian Law and Practice, Thorny Terrains in Traversing the Nigerian Justice Sector: My Travails and Triumphs.”
“These streams of income and the continuing profits generated from the businesses sufficiently show that the properties sought to be forfeited were acquired through legitimate and lawful means,” he said.
Daudu argued that the interim forfeiture order was granted without any prima facie evidence of unlawful conduct and was obtained through exaggerated asset valuations designed to mislead the court.
Justice Nwite had adjourned the matter to January 27 for a report on compliance with the publication order. However, proceedings could not continue as the matter was not listed on the cause list, having been heard during the court’s vacation period. The case file was subsequently returned to the Chief Judge for reassignment.
several lawyers were present in court on January 27, having filed processes on behalf of their clients opposing the final forfeiture of the properties.
Malami is currently facing money laundering charges filed by the EFCC and is also being detained at the Department of State Services (DSS) facility over a separate allegation bordering on terrorism financing.