Ex‑AGF Abubakar Malami Moves to Quash EFCC’s Interim Forfeiture Order, Insists Properties Were Lawfully Acquired
A former Attorney‑General of the Federation (AGF) and Minister of Justice, Abubakar Malami (SAN), has filed an application before the Federal High Court, Abuja, challenging an interim forfeiture order granted against some of his properties. Malami insists the assets were legitimately acquired and duly declared to the appropriate authorities.
Justice Emeka Nwite had, on 6 January, granted an ex parte application by the Economic and Financial Crimes Commission (EFCC), ordering the interim forfeiture of 57 properties allegedly linked to Malami and his two sons, Abdulaziz and Abiru Rahman. The court held that the properties were reasonably suspected to be proceeds of unlawful activities and directed the EFCC to take temporary possession, with a publication in a national daily inviting objections within 14 days.
Malami, through his counsel Joseph Daudu (SAN), has now asked the court to set aside the order, accusing the EFCC of misrepresentation and suppression of material facts. He contends that the forfeiture proceedings violate his constitutional rights to property, presumption of innocence, and family life, and could lead to duplicative litigation.
The motion on notice, marked FHC/ABJ/CS/20/2026 and filed on 27 January, specifically challenges the forfeiture of three properties: Plot 157, Lamido Crescent, Nasarawa GRA, Kano (purchased July 2019), a duplex with boys’ quarters at No. 12, Yalinga Street, Wuse II, Abuja (acquired October 2018 for ₦150 million) and the ADC Kadi Malami Foundation Building (reportedly purchased for ₦56 million)
Malami maintains that one of the properties is held in trust for his late father’s estate. He argues that the EFCC has not produced prima facie evidence linking the assets to any unlawful activity. According to Daudu, the properties were duly declared in Malami’s asset forms submitted to the Code of Conduct Bureau (CCB) in 2019 and 2023.
Malami’s counsel further outlined his declared sources of income, including ₦374.6 million from salaries, allowances, estacodes, severance packages, and board memberships.
Also declared ₦574 million from disposed assets; ₦10.017 billion in business turnover; ₦2.522 billion in loans to businesses and ₦958 million in traditional gifts.
Daudu further disclosed that ₦509.8 million was realised from the public launch of his book Contemporary Issues on Nigerian Law and Practice: Thorny Terrains in Traversing the Nigerian Justice Sector – My Travails and Triumphs.
Daudu argued that these streams of income demonstrate lawful acquisition of the properties, and that the EFCC’s interim order was obtained through misrepresentation.
The matter did not proceed on 27 January as it was absent from the cause list. It has since been returned to the Chief Judge for reassignment following the end of Justice Nwite’s vacation duties. Several other lawyers have also filed processes on behalf of clients seeking to halt the final forfeiture proceedings.
Meanwhile, Malami is facing a separate money laundering charge filed by the EFCC and is currently detained at the Department of State Services (DSS) facility over an allegation of terrorism financing.
