Former Justice Minister Abubakar Malami (SAN) has prayed the Abuja Division of the Federal High Court to vacate the interim order made against three of the 57 properties listed by the Economic and Financial Crimes Commission (EFCC) for forfeiture to the federal government.
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Mr Malami, the former Attorney General of the Federation (AGF) under the Muhammadu Buhari administration, is challenging the EFCC over the properties listed as Nos. 9, 18, and 48 in the ex parte motion filed by the commission on January 6.
The three properties sought to be discharged include: Plot 157, Lamido Crescent, Nasarawa GRA, Kano, purchased on July 31, 2019 (No. 9, with no specific amount stated); a duplex and boys’ quarters at No. 12, Yalinga Street, off Adetokunbo Ademola Crescent, Wuse II, Abuja, purchased in October 2018 at N150 million; and the ADC Kadi Malami Foundation Building, bought at N56 million, listed as Nos. 18 and 48.
Justice Emeka Nwite, sitting as a vacation judge, had on January 6 ordered the temporary forfeiture of 57 properties suspected to be proceeds of unlawful activities linked to Mr Malami. The order was granted following an ex parte motion by the EFCC’s lawyer, Ekele Iheanacho (SAN). The judge directed the commission to publish the order in a national daily, inviting interested persons to show cause within 14 days why the properties should not be permanently forfeited to the federal government.
The multibillion-naira landed properties are located in Abuja, Kebbi, Kano, and Kaduna States.
However, in a motion on notice filed on Mr Malami’s behalf by a team of lawyers led by Joseph Daudu (SAN), the former AGF alleged that the EFCC obtained the interim order by suppressing material facts and misrepresenting information.
Mr Malami urged the court to dismiss the suit to prevent “conflicting outcomes and duplicative litigation,” arguing that the proceeding violated his fundamental right to own property, his presumption of innocence, and his right to live in peace with his family.
In the application dated January 26 and filed January 27 (FHC/ABJ/CS/20/2026), Mr Malami sought two orders:
- “An order of this honourable court vacating, setting aside, and/or discharging the interim order(s) of this court made on January 6, 2026, against the applicant’s (Malami’s) properties listed as Nos. 9, 18, and 48, all of which were duly declared in the applicant’s asset declaration forms throughout his tenure as a public officer. Property No. 48 is held in trust for the estate of the late Khadi Malami Nassarawa.”
- “An order restraining the applicant/respondent (EFCC), acting by itself or through its servants, agents, or proxies, from interfering with the applicant’s properties in question or disturbing his ownership, possession, or control thereof in purportedly giving effect to the January 6, 2026 order.”
In a 14-ground argument, Mr Daudu asserted that the properties, particularly those declared in Malami’s asset declaration forms, are not linked by prima facie evidence to any unlawful activity or offence. He noted that Nos. 9 and 18 were declared in 2019 and 2023 with the Code of Conduct Bureau (CCB), while No. 48 is held in trust for the estate of his late father.
“These assets, their value, and their root of title have been clearly stated and demonstrated in asset declaration forms spanning 2019 to 2023,” Mr Daudu said. “This serves as prima facie evidence of their legitimate acquisition and ownership.”
He added that Mr Malami had fully declared sources of income, including:
- N374,630,900 from salaries, estacodes, severance allowance, and other entitlements
- Sitting allowances from service on boards and committees
- N574,073,000 from disposed assets
- N10,017,382,684 turnover from businesses
- N2,522,000,000 as loans to businesses
- N958,000,000 as traditional gifts from personal friends
- N509,880,000 from the launch and presentation of his book Contemporary Issues on Nigerian Law and Practice, Thorny Terrains in Traversing the Nigerian Justice Sector: My Travails and Triumphs
“These streams of income and the continuing profits generated over the years show that the properties were lawfully acquired,” he said.
Mr Daudu argued that the interim forfeiture order was not based on prima facie evidence of unlawful purpose and should be set aside. He contended that the order was obtained ex parte through suppression of material facts and misrepresentation, including exaggeration and manipulation of property values to mislead the court.
He submitted that there was no prima facie evidence linking the properties to unlawful activities and that the proper remedy was dismissal of the suit to prevent duplicative litigation and protect Malami’s constitutional rights.
Mr Nwite had adjourned the matter on January 6 until January 27 for a compliance report on the publication of the forfeiture order. However, the matter could not proceed as it was not on the cause list for the day. The case file was remitted back to the chief judge for reassignment.
Mr Malami, who is facing a money laundering charge preferred against him by the EFCC, is also presently detained at the State Security Service (SSS) facility in relation to another offence bordering on alleged terrorism financing.
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