Malami Challenges EFCC’s Interim Forfeiture, Says N958m Came From Gifts, N374m From Earnings

Former Attorney-General of the Federation (AGF), Abubakar Malami, has approached the Federal High Court in Abuja to challenge the interim forfeiture of some of his properties seized by the Economic and Financial Crimes Commission (EFCC).

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Justice Emeka Nwite had on January 6 ordered the temporary forfeiture of 57 properties allegedly linked to Malami and his two sons, Abdulaziz and Abiru Rahman, on the grounds that they were suspected to be proceeds of unlawful activities.

The court also directed the EFCC to publish the order in a national newspaper, inviting interested parties to show cause within 14 days why a final forfeiture order should not be made.

However, in a motion on notice filed on January 27, Malami, through his counsel, Joseph Daudu (SAN), accused the EFCC of obtaining the interim order through misrepresentation and suppression of material facts. He urged the court to dismiss the suit, arguing that it violates his constitutional rights to property, presumption of innocence and family life.

Malami specifically challenged the forfeiture of three properties, including a plot in Nasarawa GRA, Kano; a duplex in Wuse II, Abuja, reportedly purchased for N150 million; and the ADC Kadi Malami Foundation building. He said one of the properties is held in trust for the estate of his late father.

In a 14-ground argument, Daudu said there was no prima facie evidence linking the properties to any unlawful activity. He noted that the assets had been duly declared in Malami’s asset declaration forms submitted to the Code of Conduct Bureau (CCB) in 2019 and 2023.

The senior lawyer further disclosed that Malami declared several sources of income, including N374 million from salaries, allowances and estacodes; N574 million from disposal of assets; over N10 billion as business turnover; N2.5 billion as loans to businesses; and N958 million received as gifts from friends.

He also said Malami earned over N509 million from the public presentation of his book, Contemporary Issues on Nigerian Law and Practice.

According to Daudu, these income streams sufficiently explain the acquisition of the disputed properties, insisting that they were lawfully obtained.

Meanwhile, the case could not proceed as it was not listed on the court’s cause list. The matter has since been returned to the Chief Judge for reassignment.

Malami is currently facing separate charges of money laundering filed by the EFCC and is also reportedly being detained by the Department of State Services (DSS) over allegations of terrorism financing.

Reacting to the developments, legal practitioners and civil society groups said public officers are prohibited from receiving gifts while in service, except under limited circumstances allowed by law. They warned that accepting large sums could amount to corruption under Nigeria’s Constitution and the Corrupt Practices and Other Related Offences Act.

The Revenue Mobilisation Allocation and Fiscal Commission (RMAFC) has also stated that Nigerian ministers earn about N7.8 million annually, casting doubts on claims of earning hundreds of millions of naira in official salaries.