Officials of the Economic and Financial Crimes Commission have marked properties in Abuja linked to former Attorney-General of the Federation and Minister of Justice, Abubakar Malami, for forfeiture, inscribing “Restrained order EFCC keep off” on at least one of the properties in a dramatic exercise that sparked a confrontation between the former minister and EFCC operatives.
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The marking exercise, carried out on Monday morning by EFCC officials accompanied by armed security personnel, came just hours after former Vice President Atiku Abubakar visited Malami at his Maitama residence — a timing that has raised political questions about the operation.
Malami, who was recently released from custody after being granted bail on multiple criminal charges, challenged the operatives on the spot, insisting that the forfeiture order they relied upon had expired and demanding they produce a valid court document authorising the exercise.
In a video posted on social media, Malami was seen confronting a man who appeared to be an EFCC official, demanding to see the court order authorising the marking and takeover of his residence.
The EFCC official told the former AGF that the anti-graft agency has the right to mark the property since it is under forfeiture.
Malami rejected this, responding that the forfeiture order has expired and challenging the official to produce the authorising document.
“Where is the order? The order here is not specific, giving you general directives to come and mark my property. And then this matter is pending in court. Where is the order from the court that gave you permission?” Malami stated.
“Without an existing court order, when a matter is pending in court, you are coming all over my property to embarrass me. That’s the way it is done?” the former minister asked.
Despite his protests, Malami ultimately told the operatives to proceed, warning that the matter would be challenged in court.
“Go ahead. Go ahead, we’ll meet in court. Go ahead and mark, and then we meet in court,” Malami stated.
The marking exercise is connected to a January 2026 order by a Federal High Court in Abuja directing the interim forfeiture of 57 properties suspected to be proceeds of unlawful activities allegedly linked to Malami and two of his sons — Abdulaziz Malami and Abiru Rahman Malami.
The court had directed the EFCC to publish the interim forfeiture order in a national daily newspaper, inviting any individual or organisation with an interest in the assets to appear before the court within 14 days and show cause why a final forfeiture order should not be made.
In February, Malami filed an application challenging the interim forfeiture of the properties linked to him — a legal challenge that forms the basis of his argument that the matter is pending before the court and that the EFCC cannot proceed with marking without a fresh or specific court order.
Malami’s position is that the interim forfeiture order has expired, presumably because the 14-day period for interested parties to show cause has elapsed and the court has not yet made a final forfeiture order. The EFCC’s position, as communicated by its official at the scene, is that the property remains under forfeiture and the agency has the right to mark it accordingly.
The property marking exercise comes at a time when Malami is facing prosecution on multiple criminal fronts.
The EFCC arraigned Malami, his son Abdulaziz, and his wife Bashir Asabe on charges bordering on money laundering involving N8,713,923,759.49 — approximately N8.7 billion. All three defendants have pleaded not guilty to the charges.
Separately, the Department of State Services arraigned Malami and his son Abdulaziz on February 3 on a five-count charge bordering on alleged terrorism financing and illegal possession of firearms. The DSS accused the former minister of refusing to prosecute terrorism financiers whose case files were reportedly forwarded to the office of the Attorney-General for prosecution while he held the office.
On February 27, a Federal High Court in Abuja granted bail to Malami and his son in the sum of N200 million each on the terrorism-related charges. Malami was subsequently released from custody last week.
The former AGF therefore faces a total of three separate legal proceedings: the EFCC’s money laundering prosecution involving N8.7 billion, the DSS’s terrorism financing and firearms charges, and the EFCC’s civil forfeiture action targeting 57 properties.
The timing of the marking exercise has attracted significant attention. Malami had received a visit from former Vice President Atiku Abubakar and other prominent ADC chieftains at his Maitama residence earlier on Monday, in what was seen as a politically significant engagement between a former APC strongman and the leading opposition figure.
Hours after Atiku and the ADC delegation departed, EFCC operatives arrived with armed security personnel to carry out the property marking exercise.
The proximity of the two events has fuelled speculation about whether the operation was timed to send a message, though no official connection has been established by either the EFCC or the government.
The incident raises several important legal questions.
First, whether an interim forfeiture order that has been challenged by the affected party through a pending court application can still serve as the basis for marking properties — or whether the EFCC is required to wait for the court to rule on the challenge before proceeding with enforcement actions.
Second, whether the 14-day show cause period specified in the original forfeiture order has legal significance for the validity of the order, and whether the order remains in force beyond that period if no final forfeiture order has been made.
Third, whether the marking of properties constitutes an enforcement action that requires a specific court order, or whether it is merely an administrative or preservative measure within the EFCC’s statutory powers.
Malami’s stated intention to challenge the exercise in court suggests that these questions will be litigated in the coming days.
Since his release from custody, Malami has maintained a defiant public posture. In a recent interview, he declared that he had no regrets about his conduct during his tenure as minister and accused security agencies of repeatedly violating his constitutional rights through searches and operations conducted without proper notice or authorisation.
“I have spent time in EFCC custody, Kuje Prison, and with the DSS. I believe it is all God’s will, and I accept it, but I will defend myself against the allegations,” Malami had stated.
“Everything I did was in line with my understanding of the law and my responsibilities,” the former AGF maintained.
Monday’s confrontation with EFCC operatives at his property appears consistent with his stated approach of challenging every action by the prosecution through legal channels while maintaining his innocence.
The property marking exercise is expected to be challenged in court by Malami’s legal team, potentially adding another layer to the already complex web of litigation involving the former Attorney-General.
The substantive money laundering trial, the terrorism financing charges, and the civil forfeiture proceedings are all expected to progress through the courts in the coming months, making Malami’s prosecution one of the most multifaceted and closely watched cases in Nigeria’s anti-corruption history.
Neither the EFCC nor the Presidency has issued an official statement addressing the timing of the exercise or its connection, if any, to Atiku’s visit.
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