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Court orders final forfeiture of over 40 properties linked to ex-AGF Malami

Justice Joyce Abdulmalik of the Federal High Court sitting in Abuja has ordered the final forfeiture of more than 40 properties linked to the former Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami, SAN.

The judge granted the application filed by the Economic and Financial Crimes Commission (EFCC) after holding that the respondents failed to rebut the reasonable suspicion that the properties were acquired through unlawful activities.

Before delivering the substantive judgement, the judge dismissed several applications, motions on notice and applications to show cause filed by the former AGF, his family members and some companies linked to the properties, describing them as “wanting in 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”, and ruled that the respondents had “not dislodged the reasonable suspicion that the properties were acquired through unlawful activities”.

Justice Abdulmalik relied on Section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act in granting the final forfeiture order.

She, however, vacated the interim forfeiture order in respect of some properties.

The anti-graft agency had filed the civil forfeiture proceedings in January, seeking the permanent forfeiture of 57 properties valued at ₦212.8 billion, which it alleged were proceeds of unlawful activities linked to Malami.

On January 16, during the Federal High Court’s annual vacation, the vacation judge, Justice Emeka Nwite, granted an interim forfeiture order over the properties.

Justice Nwite 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.

Following the publication, Malami, his wife, Nana Hadiza Malami; his son, Abdulaziz Abubakar Malami; and several companies linked to the properties filed objections, urging the court to dismiss the EFCC’s application and set aside the interim forfeiture order on the grounds 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 and 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 Justice Joyce Abdulmalik for hearing and determination.

At the hearing, the EFCC maintained that its investigation showed that the properties were acquired with proceeds of unlawful activities and held in the names of individuals and companies acting as fronts for Malami.

The commission, which urged the court to make the interim forfeiture order final, also argued that under the law, it only needed to establish “reasonable suspicion” and not prove its case “beyond a reasonable doubt”.

In late May, both sides adopted their final written addresses, after which Justice Abdulmalik reserved judgment.

The court initially fixed July 6, 2026, for judgment but later postponed the decision twice before delivering its ruling on Wednesday.

The properties, located in Abuja, Kano, Kebbi and Kaduna states, include Rayhaan University buildings, agro-allied factory buildings and machinery, hotels, a pharmacy, a supermarket, primary and secondary schools, oil and gas filling stations, shops and other buildings.

Some of them include a luxury duplex at Amazon Street, Plot No. 3011, within Cadastral Zone A06, Maitama, File No. AN Enhancement 11352, which was purchased in December 2022 for ₦500,000,000 and is now valued at ₦5.95 billion.

Also listed is a two-wing large storey building at No. 3 Onitsha Crescent, Area 11, Garki, Cadastral Zone A03, Abuja (formerly Harmonia Hotels Limited), purchased in December 2018 for ₦7 billion.

Another property is Plot 683, Jabi District, Cadastral Zone B04, comprising a five-storey building now operating as Meethaq Hotels Ltd, Jabi, with 53 rooms and suites. It was purchased in September 2020 at the carcass stage for ₦850 million, with an additional ₦300 million paid to take possession. It is now valued at ₦8.4 billion.

The list also includes Property No. 3130 within Cadastral Zone A04, Asokoro District, Abuja, comprising terrace buildings purchased in January 2021 for ₦360 million.

Property No. 3 Rhine Street, Maitama, Abuja (Meethaq Hotels Limited, Maitama, with 15 rooms), purchased in February 2018 for ₦430 million, is now valued at ₦12.95 billion after rehabilitation.

Other assets include Plot No. 1241B, Asokoro District Zone (No. 11A Yakubu Gowon Crescent), purchased in July 2021 for ₦325 million, and Shop No. C82, Citiscape–Shariff Plaza, Plot 739, Cadastral Zone A07, Aminu Kano Crescent, Wuse II, Abuja, purchased in March 2024 for ₦120 million.

In Kano, the listed properties include No. 4 Ahmadu Bello Way, Nasarawa GRA, purchased in December 2022 for ₦300 million, and Plot 157, Lamido Crescent, Nasarawa GRA, purchased in July 2019.

Also listed is a plaza with commercial toilets, laundry facilities, warehouse tanks and 100 hectares of land along Birnin Kebbi–Jega Road, purchased in 2020 for ₦100 million, as well as a four-bedroom bungalow at Gesse Phase, Birnin Kebbi, purchased in 2023 for ₦101 million.

Other assets include Shops Nos. A36 and B3 at Vegas Mall, Wuse II, Abuja, purchased in July 2023 for ₦158 million; No. 26 Babbi Drive, BUA Estate, Abuja, purchased in 2022 for ₦136 million; and No. 27, EFAB Estates Avenue, 59th Crescent, Gwarimpa, Abuja, purchased in January 2016 for ₦120 million.

Also included are a four-bedroom house with two-room boys’ quarters at No. 10B Doka Crescent, Abakpa GRA, Kaduna, purchased in January 2018 for ₦40 million; Plot No. 13, IPENT 7 Estate, Karsana District, Abuja, purchased in June 2018 for ₦85 million; and a duplex with boys’ quarters at No. 12 Yalinga Street, off Adetokunbo Ademola Crescent, Wuse II, Abuja, purchased in October 2018 for ₦150 million.

The schedule further includes two warehouse shops, B40 and B46, at Wuse Market, Abuja, purchased in July 2020 for ₦50 million; twin houses at Zone E, Apo Legislative Quarters, Cadastral Zone B01, Plot 14014, Gudu District, Abuja, purchased between February and May 2017 for ₦250 million; and properties acquired by Khadimiyya for Justice & Development Initiative at Academic Garden City, Birnin Kebbi, sold by the Federal Housing Authority Mortgage.

The latter comprises nine three-bedroom bungalows, three two-bedroom bungalows and 5.4 hectares of land, purchased between February and September 2023 for ₦187 million, among other assets listed in the schedule.