Former Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN, has launched a vigorous legal pushback against the Economic and Financial Crimes Commission, filing a 40-page affidavit before the Federal High Court of Nigeria in Abuja to block the final forfeiture of more than 50 properties linked to him, his family, and 14 companies.
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The development follows the interim forfeiture order granted by Justice Emeka Nwite on 6th January, 2026 in Suit No. FHC/ABJ/CS/20/2026, which temporarily handed control of houses, hotels, schools, factories, and plots of land scattered across Abuja, Kano, and Kebbi to the anti-graft agency.
The EFCC, in its ex parte motion that secured the interim order, had claimed the assets were “reasonably suspected to be proceeds of unlawful activities.” Malami, however, has firmly rejected that characterisation, maintaining in his sworn response that all properties listed in the January 2026 forfeiture order were legitimately acquired through years of legal practice, business ventures, and declared income.
“There is no document before the court showing these properties were acquired with proceeds of crime,” the former AGF stated, insisting that every asset was bought with legitimate funds and duly declared to the Code of Conduct Bureau long before the EFCC’s move. He argued that the agency had failed to provide prima facie evidence tying any of the properties to criminal activity, describing the allegations as speculative.
To substantiate his claim, Malami laid out ₦15.5 billion in lawful income earned between 2015 and 2023. The breakdown included ₦374.6 million as AGF salary and allowances, ₦10.01 billion business turnover, ₦3.52 billion in bank loans, ₦958 million in wedding gifts, and ₦509.8 million from two book launches.
He attributed his wealth to multiple legitimate sources, including over three decades of legal practice, investments in hospitality, agriculture, and education, loans from commercial banks, asset sales and other investments, and gifts and proceeds from book launches. The companies named in the affidavit included Rayhaan Hotels, Zeennoor Hotels, Meethaq Hotels, Rayhaan Bustan Agro Allied, Azbir Arena, and Rayhaan University.
A central plank of Malami’s defence is the allegation that the EFCC deliberately inflated the value of the assets to strengthen its case before the court. According to him, properties purchased for hundreds of millions of naira were presented as worth billions, while independent valuers have provided significantly lower and more accurate valuations.
Citing specific examples, Malami stated that a Maitama duplex which the commission valued at ₦5.95 billion was actually bought for ₦500 million, while Rayhaan University’s permanent site — pegged at ₦56 billion by the EFCC — had receipts showing it was acquired for ₦150 million. He attached an independent valuation report by Jide Taiwo & Co to support his figures, accusing the EFCC of inflating values to “mislead the court.”
To further buttress his position, the former AGF tendered four CCB asset declaration forms from 2015, 2019, and 2023, arguing that the disputed properties were already on record before the case began. He also pointed out that six of the assets, including Rayhaan Hotel, Kano, and the Malami Support Organisation Building, were acquired between 2006 and 2013 — long before he assumed office as minister.
The affidavit took a particularly personal turn as Malami detailed what he described as the EFCC’s overreach. He alleged that armed operatives of the commission evicted his family from six Abuja homes on 24th March, 2026, without a final forfeiture order in place. “My wives and children, who are minors, were chased out,” he stated, adding that title documents were seized during his 25-day detention in December 2025.
The former AGF described the EFCC’s actions as “extrajudicial” and a breach of due process, accusing the agency of seizing properties and confiscating documents without the requisite final forfeiture order.
Beyond the human cost, the interim order has reportedly begun to inflict significant damage on Malami’s business interests. According to the affidavit, NEXIM Bank recalled a ₦1.122 billion loan extended to Rayhaan Bustan Agro Allied just days after the court ruling. Zenith Bank, which had guaranteed the facility, also began charging daily interest on the outstanding balance.
Addressing the criminal dimension of the matter, Malami noted that the forfeiture proceedings were predicated on Charge No. FHC/CR/700/2025, in which he had entered a plea of not guilty. “Allegations are being contested and not determined,” he wrote, urging the court to refrain from treating unproven allegations as established fact.
On four Abuja properties tied to businessman Abdulrahman Musa Bashir, Malami explained that they stemmed from pre-2015 legal and business dealings which were later settled by set-off. He further clarified that another property formed part of his late father’s estate and was being held in trust for other heirs.
The court had directed any interested party to “show cause” why the assets should not be permanently forfeited to the Federal Government. “I have fully accounted for ownership and lawful source of funds,” Malami’s affidavit concluded, urging the court to set aside the interim forfeiture order.
Speaking to reporters outside the court, Malami’s lead counsel, J. B. Daudu, SAN, dismissed the basis of the interim order, telling journalists that the order was “based on speculation, not evidence.” The EFCC, on its part, declined to comment on the new filings.
Justice Nwite is expected to set a hearing date to determine whether the interim order will be lifted or made final. For now, the hotels, schools, and mansions remain firmly in the EFCC’s custody, as the case shapes up to be a significant test of the anti-graft agency’s asset forfeiture powers and its adherence to due process.
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