A federal high court in Abuja has ordered the permanent forfeiture of 48 properties linked to Nigeria’s former attorney general and minister of justice, Abubakar Malami, to the federal government, ruling that the country’s anti-corruption agency had established sufficient grounds to justify the seizure.
Delivering judgment on Wednesday, Justice Joyce Abdulmalik held that the Economic and Financial Crimes Commission (EFCC) had met the legal threshold required under Nigeria’s civil forfeiture laws by demonstrating a “reasonable suspicion” that the assets were acquired with proceeds of unlawful activities.
The judge found that Malami, members of his family and companies associated with the properties had failed to rebut the commission’s allegations.
“The issue before the court is not who owns the property, but how legitimate the funds used to acquire the properties are,” Abdulmalik said in her ruling, adding that the respondents had “not dislodged the reasonable suspicion that the property was acquired by unlawful activities.”
Relying on section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act, the court granted the EFCC’s application for final forfeiture of the assets. However, the judge discharged the interim forfeiture order in respect of a number of the properties initially covered by the proceedings.
Before delivering the substantive judgment, Abdulmalik dismissed several motions and applications filed by Malami and the other respondents, describing them as lacking merit.
The EFCC began civil forfeiture proceedings in January, seeking the permanent seizure of 57 properties with an estimated value of ₦212.8bn, alleging that they represented the proceeds of unlawful activities linked to the former attorney general.
On 16 January, Justice Emeka Nwite granted an interim forfeiture order and directed the commission to publish notices in a national newspaper, allowing interested parties to appear before the court and show cause why the assets should not be permanently forfeited.
The properties are spread across Abuja, 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 challenged the proceedings.
They argued that the properties had been lawfully acquired and maintained that the EFCC had failed to establish any connection between the assets and alleged criminal conduct. The respondents further contended that the commission relied on speculation rather than credible evidence and had neither identified any specific predicate offence nor proved that the properties constituted the proceeds of crime.
After the court resumed from its annual vacation, the case was reassigned to Abdulmalik, who heard final arguments before reserving judgment in May. A ruling initially scheduled for 6 July was postponed twice before being delivered on Wednesday.
During the proceedings, counsel for the EFCC argued that investigations showed the assets had been purchased with proceeds of unlawful activities and registered in the names of individuals and companies acting as fronts for Malami. The commission also submitted that civil forfeiture proceedings require only the establishment of reasonable suspicion, rather than proof beyond reasonable doubt.
In a statement issued after the judgment, the EFCC said the forfeited assets included Rayhaan University in Kebbi state, comprising its permanent, temporary and third campuses, the vice-chancellor’s residence and Rayhaan Radio.
Also forfeited were Rayhaan Agro Allied Factory, including its industrial facilities and staff quarters; Azbir Arena, which houses a hotel, printing press, pharmacy, supermarket and other commercial facilities; Al-Afiya Energy tanker garage; Rayhaan Security House; an unfinished commercial plaza in Birnin Kebbi; Amasdul Oil and Gas filling station; Zeennoor Hotel in Kano, with its 131 rooms; Zeennoor Mosque; and the former Zeennoor Hotel building.
The order also covers a range of high-value residential and commercial properties in Abuja, Kano and Kebbi, including hotels, estates, warehouses, filling stations and farmlands.
According to the commission, ownership of the 48 properties has now been transferred to the federal government.
Malami is separately standing trial alongside his wife and son over allegations of an ₦8.7bn fraud. They have denied wrongdoing, and the criminal proceedings remain before the court.
