By Emmanuel Onyedika
A Federal High Court in Abuja has fixed July 10 to deliver judgment in the Economic and Financial Crimes Commission’s (EFCC) suit seeking the final forfeiture of 57 properties allegedly linked to former Attorney-General of the Federation, Abubakar Malami.
Justice Joyce Abdulmalik adjourned the matter after previously reserving judgment following the adoption of final written addresses by both parties on May 26.
The EFCC is asking the court to permanently forfeit the properties to the Federal Government, arguing they are reasonably suspected to be proceeds of unlawful activities.
At the last hearing, EFCC counsel Jibrin Okutepa urged the court to grant the application, relying on a 47-paragraph affidavit and 46 documentary exhibits. He argued that Malami and other respondents failed to provide satisfactory explanations for the sources of the assets.
However, Malami’s lawyer, Adedayo Adedeji, asked the court to dismiss the application and vacate the interim forfeiture order, insisting the case was built on suspicion rather than credible evidence.
“The court deals with evidence, not suspicion,” Adedeji argued, adding that several properties were acquired before Malami assumed office as Attorney-General and therefore could not be classified as proceeds of crime.
Lawyers representing other respondents also urged the court to reject the EFCC’s application.
Meanwhile, Malami is facing two separate criminal cases before another judge of the Federal High Court in Abuja, relating to alleged money laundering and unlawful possession of firearms.
Under Nigeria’s civil forfeiture laws, the EFCC must present enough evidence to convince the court that the properties are reasonably suspected to be proceeds of unlawful activities. The owners are then required to provide credible proof that the assets were acquired legitimately. The July 10 judgment will determine whether the EFCC’s evidence meets that threshold.