Court again postpones judgement in forfeiture suit against assets linked to Malami

For the second time in one week, the Federal High Court in Abuja rescheduled judgement in the assets forfeiture proceedings initiated against 57 properties allegedly linked to former Attorney General of the Federation (AGF) Abubakar Malami.

The court, on Friday, rescheduled the judgement for 15 July because Judge Joyce Abdulmalik did not sit.

Court officials told our reporter that they did not know why the judge did not sit.

The court originally set Monday (6 July) for the judgement upon conclusion of hearing on 26 May.

However, on Monday, the court rescheduled the the judgement for Friday (today). No reason was given for the postponement.

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The EFCC instituted the civil forfeiture proceedings in January, and pursued the the case alongside a separate criminal case it instituted against Mr Malami and two of his relatives – his wife and son.

The agency obtained an interim forfeiture order against the properties also in Janaurya.

This set off the permanent forfeiture proceedings as Mr Malami and some other interested parties maintained that the assets in issue were acquired legitimately.

The commission alleged that its investigation showed the assets were acquired with proceeds of unlawful activities and held in the names of individuals and companies acting as fronts for Mr Malami.

It asked the court to make the interim forfeiture order permanent, arguing that its investigation linked the properties to the former attorney general despite their registration in the names of third parties.

Mr Malami, however, challenged the application and denied owning the properties.

Through his lawyer, he argued that the EFCC failed to establish any connection between him and the assets or prove that they were proceeds of unlawful activities.

He also maintained that the commission relied on speculation rather than credible evidence and urged the court to dismiss the suit.

Backstory

PREMIUM TIMES reported that up to 57 assets seized from Mr Malami, valued at N212.8 billion by the EFCC, are currently under an interim forfeiture order of the Federal High Court in Abuja.

In early January, the court issued the interim forfeiture order over the 57 properties after the prosecution told Judge Emeka Nwite, who handled the case as at the time as a vacation judge, that the assets were proceeds of unlawful activities.

The multi-billion naira properties, largely luxury residential and commercial assets, are located in Abuja, Kebbi, Kano and Kaduna states.

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But Mr Malami insists he acquired the assets legitimately. The case was later transferred to Judge Abdulmalik after the court vacation ended.

On 21 April, the prosecution told Judge Abdumalik that the lead lawyer for the respondents had an engagement at the Court of Appeal.

Responding, the judge emphasised the need for strict compliance with court directives. She noted that the interim forfeiture order had been published with a 14 day notice to allow interested parties show cause.

She subsequently ordered all parties and interested persons to file and serve their processes on or before 27 April.

The judge also warned lawyers against conduct aimed at delaying proceedings.




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