Court to issue judgment in EFCC forfeiture case against Malami

6 days ago 8
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The Federal High Court in Abuja set a judgment date of 6 July for the forfeiture case brought by the Economic and Financial Crimes Commission (EFCC) against 57 properties linked to former Attorney‑General of the Federation, Abubakar Malami, SAN.

Judge Joyce Abdulmalik scheduled the hearing after lawyers for both sides presented their arguments. Jibrin Okutepa, SAN, counsel for the EFCC, and Adedayo Adedeji, SAN, counsel for Malami and other respondents, adopted their respective processes before the court.

The EFCC’s suit seeks final forfeiture of the properties, alleging they are proceeds of unlawful activities. Okutepa, moving the motion, explained that the application, filed in February, is supported by a 47‑paragraph affidavit and 46 exhibits, which he described as “three volumes.” He requested that the court find that Malami and the respondents had “woefully failed to show cause” that the properties were acquired legitimately, and urged the court to order permanent forfeiture to the Federal Government.

Adedeji countered that the application, filed on 27 February and backed by a 109‑paragraph affidavit, was deposited by Malami himself. He argued that the affidavit was meant to show why a final forfeiture order should not be granted. He asked the court to set aside the earlier interim order and to hold that the respondents had demonstrated the properties were not acquired from proceeds of crime. According to Adedeji, the EFCC’s case rests only on suspicion, and “the court deals with evidence, not suspicion.” He urged the court to dismiss the EFCC’s submission and to reject the use of “extra‑judicial evidence” that is normally reserved for cross‑examination in criminal trials. He maintained that the properties, including some acquired before Malami’s tenure, were not proceeds of crime, and he moved additional counter‑affidavits on behalf of other respondents and companies listed in the case.

Other lawyers representing individuals and companies also requested that the court dismiss the final forfeiture application in the interest of justice.

After the parties adopted their processes, Judge Abdulmalik adjourned the case until 6 July for judgment.

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