The Federal High Court in Abuja has ordered the final forfeiture of 48 properties linked to a former Attorney General of the Federation and Minister of Justice, Abubakar Malami, to the Federal Government. Justice Joyce Abdulmalik, in her judgment delivered on Wednesday, held that the Economic and Financial Crimes Commission succeeded in establishing the reasonable suspicion required by the law to justify the permanent forfeiture of the assets. The trial judge ruled that the former minister, his family members, and various companies linked to the assets failed to disprove the allegation of the anti-graft agency that the properties were purchased with proceeds of unlawful activities.
Before delivering her substantive judgment on the matter, Justice Abdulmalik dismissed several motions on notice, applications, and processes to show cause filed by the respondents, describing them as wanting in merit. The judge emphasized that the primary question before the court did not revolve around the ownership of the seized assets, but rather the legitimacy of the money used to purchase them. In her ruling, the judge stated, "The issue before the court is not who owns the property, but how legitimate the funds used to acquire the properties are," She added that the respondents had "not dislodged the reasonable suspicion that the property was acquired by unlawful activities."
Consequently, Justice Abdulmalik relied on Section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act to grant the application of the anti-graft agency for the final forfeiture of the assets. The court, however, discharged the interim forfeiture order in respect of some of the properties initially listed in the suit. The development followed a civil forfeiture process initiated by the commission in January, wherein the agency sought the permanent forfeiture of 57 properties valued at N212.8bn, on the suspicion that they were proceeds of unlawful activities linked to the former cabinet member.
Earlier, on January 16, a vacation judge, Justice Emeka Nwite, had granted an interim forfeiture order over the properties. Justice Nwite directed the anti-graft agency to publish the temporary order in a national daily to allow any interested individuals or entities to appear before the court to show cause why the properties should not be permanently forfeited to the Federal Government. The assets in question are scattered across the Federal Capital Territory, Kano, Kebbi, and Kaduna states.
Following the publication of the interim order, Malami, his wife, Nana Hadiza Malami, his son, Abdulaziz Abubakar Malami, and several companies linked to the assets filed legal challenges against the forfeiture. They argued that they acquired the properties through lawful means and accused the anti-graft agency of failing to show any connection between the properties and unlawful activities. The respondents further maintained that the commission relied on mere speculation rather than credible evidence, noting that the agency failed to prove that the properties were proceeds of crime or identify any specific criminal offense from which they were derived.
Upon the resumption of the court from its annual recess, the case was reassigned to Justice Abdulmalik for hearing and final determination. During the proceedings, the legal counsel representing the commission argued that thorough investigations revealed the assets were acquired with proceeds of unlawful activities and registered under the names of proxies and companies acting as fronts for the former justice minister. The commission maintained that under the provisions governing civil asset forfeiture, it was only required to establish a reasonable suspicion and not to prove its case beyond a reasonable doubt as required in criminal trials.
After the parties adopted their final written addresses in May, the court reserved its judgment. The ruling, which was originally scheduled for July 6, was deferred twice before Justice Abdulmalik finally delivered her decision on Wednesday.
In a statement released after the judgment, the spokesperson for the anti-graft agency, Dele Oyewale, detailed the affected assets. Among the properties forfeited to the Federal Government is Rayhaan University in Kebbi State, which includes its permanent, temporary, and third campuses, the vice chancellor’s residence, and Rayhaan Radio, located along the Sani Abacha Bypass Road in Birnin Kebbi. Also affected are the Rayhaan Agro Allied Factory, which comprises its factory buildings, machinery, a mosque, staff quarters, and the Bustan Building.
Other forfeited assets include the Azbir Arena, which houses the Azbir Hotel, a printing press, a gallery, gardens, a clothing outlet, a pharmacy, and a supermarket. The court also ordered the forfeiture of the Al-Afiya Energy tanker garage, Rayhaan Security House, an uncompleted two-storey plaza in Birnin Kebbi, and the Amasdul Oil and Gas filling station. In Kano State, the forfeited assets include the Zeennoor Hotel, containing 131 rooms, the Zeennoor Mosque, and the old Zeennoor Hotel building.
The court also ordered the forfeiture of several other high-value properties in Abuja, Kano, and Kebbi, including luxury residential buildings, hotels, commercial plazas, warehouses, petroleum stations, farmlands, and estates. The commission confirmed that with the latest judicial decision, ownership of the 48 properties has been officially transferred to the Federal Government. Meanwhile, the former minister is currently standing trial for an alleged N8.7bn fraud alongside his wife and his son.
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