Fresh legal challenges have emerged at the Federal High Court in Abuja over the interim forfeiture of several properties linked to former Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN.
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New applicants, Alhaji Muktaka Usman Junju, Rayhaan Bustan and Agro Allied Ltd, have approached the court seeking to set aside the interim forfeiture order granted to the Economic and Financial Crimes Commission (EFCC) on January 6. They argued that the anti-graft agency failed to establish any link between their properties and proceeds of unlawful activities.
In separate motions filed through their lawyers, the applicants contended that the EFCC did not comply with statutory and constitutional requirements governing interim forfeiture proceedings, particularly under the Evidence Act and the Advance Fee Fraud and Other Fraud Related Offences Act.
Junju, through his counsel, Kalu Kalu Agu, urged the court to vacate the forfeiture order on a property listed as No. 40 in the EFCC’s schedule. The asset, identified as Al-Afiya Energy Tanker Garage along Sani Abacha Bypass Road, Birnin-Kebbi, is valued at about N2.45 billion. He maintained that the property belongs to him and has no connection with Malami or any alleged unlawful activity, adding that documents showing the history of its acquisition were attached to his affidavit.
Rayhaan Bustan and Agro Allied Ltd, represented by Joseph Daudu, SAN, also asked the court to remove properties listed as Nos. 1, 28, 29, 30, 31 and 32 from the forfeiture order. The properties include a luxury duplex in Maitama, Abuja, and several factory buildings, machinery and staff facilities in Kebbi State, collectively valued at several billions of naira.
The applicants further sought an order restoring their possession and control of the assets, which form part of the 57 properties earlier ordered forfeited to the Federal Government on an interim basis.
They argued that the EFCC failed to disclose any specific unlawful act linked to the assets and accused the commission of non-disclosure of material facts and procedural irregularities in obtaining the interim order. Rayhaan Ltd added that the forfeiture had triggered severe financial consequences, including the recall of loans and revocation of guarantees by Zenith Bank.
Justice Emeka Nwite had, on January 6, ordered the interim forfeiture of the 57 properties located in Abuja, Kebbi, Kano and Kaduna States following an ex parte application by the EFCC. The court also directed that the order be published in a national newspaper, inviting interested parties to show cause within 14 days why a final forfeiture should not be made.
Former AGF Malami has also filed a separate application seeking to vacate the interim forfeiture order on properties linked to him.
The matter, initially before Justice Nwite, has been reassigned to Justice Obiora Egwuatu for hearing. The court has fixed February 12 to hear the applications challenging the forfeiture order.
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