By Stephen Simon
A Federal High Court sitting in Abuja has reserved judgment in the Economic and Financial Crimes Commission’s (EFCC) application seeking the final forfeiture of 57 properties allegedly linked to former Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN), to the Federal Government.
Justice Joyce Abdulmalik fixed July 2, 2026, for judgment after hearing final arguments from counsel representing the EFCC and the respondents in the high-profile non-conviction-based asset forfeiture proceedings.
At the resumed hearing, lead counsel to the EFCC, J.S. Okutepa (SAN), urged the court to grant the commission’s application for permanent forfeiture, arguing that the respondents had failed to show sufficient cause why the properties should not be forfeited. The anti-graft agency maintained that the assets were reasonably suspected to be proceeds of unlawful activities and were therefore liable to forfeiture under the provisions of the Advance Fee Fraud and Other Fraud-Related Offences Act.
Counsel to the respondents, Adedayo Adedeji (SAN), however, asked the court to dismiss the application, insisting that the properties were lawfully acquired and not proceeds of any criminal activity. He informed the court that the defence had filed 16 separate motions challenging the interim forfeiture order granted earlier in the proceedings and urged the judge to set aside the order in the interest of justice.
The case centres on 57 properties allegedly linked to Malami, members of his family and several companies. The assets, which were placed under interim forfeiture by the court earlier this year, are the subject of an ongoing EFCC investigation into their ownership and source of acquisition. The commission contends that the respondents have failed to provide satisfactory explanations regarding the properties, while the defence insists the application is based on mere suspicion rather than credible evidence.
The proceedings have attracted considerable public attention because of Malami’s former position as the nation’s chief law officer. Throughout the hearing, both parties relied on documentary evidence, affidavits and written legal arguments to support their respective positions, with the court expected to determine whether the statutory requirements for a final forfeiture order have been met.
Legal analysts say the judgment could further clarify the scope of Nigeria’s non-conviction-based asset forfeiture regime and the evidential burden required in proceedings involving assets suspected to be proceeds of unlawful activities. They note that the decision may also influence future anti-corruption cases involving politically exposed persons and other high-profile public officials.
The outcome of the case is expected to be closely watched by the legal community, anti-corruption agencies and the public, as it could have significant implications for the enforcement of Nigeria’s asset recovery laws and the continuing fight against corruption. Until judgment is delivered, the allegations against Malami remain before the court for determination.
