The judge, ruling on Mr Malami and others’ objection to EFCC’s request for an order of final fofeiture, held that the issue before the court was not “who owns the property, but how legitimate are the funds used to acquire the properties.”
The Federal High Court in Abuja on Wednesday ordered the final forfeiture of about 48 properties linked to former Attorney General of the Federation and Minister of Justice, Abubakar Malami.
Judge Joyce Abdulmalik granted the forfeiture application by the Economic and Financial Crimes Commission (EFCC), holding that Mr Malami and others laying claim to the assets failed to prove that they lawfully acquired them.
Before delivering the substantive judgement, the judge dismissed several applications, motions on notice and objections filed by Mr Malami, his family members and some companies claiming ownership of the properties. The judge said they all lacked 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 of properties. EFCC had presented 57 properties linked to Mr Malami for final forfeiture.
The final forefeiture does not amount to criminal conviction or guilt of anyone, as Mr Malami, his wife and son are jointly facing charges some of which involve illegitimate acquisition of funds with suspicious origins.
The EFCC 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.
Mr Malami, his wife and son are jointly facing trial on N8.7 billion money laundering charges.
Details shortly….
