The Federal High Court in Abuja has reserved judgment in a suit filed by the Economic and Financial Crimes Commission (EFCC) seeking the final forfeiture of 57 properties allegedly linked to former Attorney-General of the Federation, Abubakar Malami.
Justice Joyce Abdulmalik fixed a date in the next two months for judgment after lawyers representing the EFCC, Malami and other respondents adopted their processes and presented arguments for and against the application.
The anti-graft agency is asking the court to permanently forfeit the properties to the Federal Government, arguing that they are reasonably suspected to be proceeds of unlawful activities.
Leading the EFCC’s case, senior advocate Jibrin Okutepa told the court that the commission’s motion, filed in February, was supported by a 47-paragraph affidavit and 46 exhibits contained in three volumes.
He urged the court to grant the reliefs sought by the commission, arguing that Malami and the other respondents had failed to sufficiently establish that the assets were lawfully acquired.
“The respondents have not satisfactorily shown that the properties were legally obtained,” Okutepa argued, asking the court to order their permanent forfeiture.
However, counsel to Malami and the other respondents, Adedayo Adedeji, opposed the application and urged the court to vacate the interim forfeiture order previously granted.
Adedeji told the court that the respondents’ application, supported by a 109-paragraph affidavit sworn to by Malami, was intended to demonstrate why the EFCC’s request for final forfeiture should fail.
According to him, the commission relied largely on suspicion rather than concrete evidence linking the properties to criminal proceeds.
“The court deals with evidence, not suspicion.”
The defence further argued that the EFCC relied heavily on extra-judicial statements that would ordinarily require cross-examination during a criminal trial before they could be treated as credible evidence.
Adedeji also maintained that some of the disputed properties were acquired before Malami became Attorney-General of the Federation, insisting that they could not therefore be classified as proceeds of crime.
He argued that the matter could not be fairly determined without oral testimony, noting that the court had earlier declined an application to hear oral evidence in the proceedings.
Lawyers representing other individuals and companies named in the suit also filed counter-affidavits and urged the court to dismiss the EFCC’s application in the interest of justice.
The forfeiture proceedings are linked to an ongoing N8.71 billion money laundering case involving Malami, his wife, Asabe Rakiya Bashir, and his son, Abubakar Abdulaziz Malami.
In the separate criminal trial, Justice Emeka Nwite granted the trio bail in the sum of N1.5 billion after they pleaded not guilty to a 16-count amended charge bordering on alleged conspiracy, concealment and laundering of proceeds of unlawful activities.
After hearing submissions from all parties, Justice Abdulmalik adjourned the matter for judgment.
