Ezekiel Awojide
The Economic and Financial Crimes Commission (EFCC) told the Federal High Court in Abuja that the 57 properties allegedly linked to Abubakar Malami, SAN, former Minister of Justice, should be permanently forfeited to the Federal Government.
The EFCC, in a motion on notice for final forfeiture of the property filed by its team of lawyers led by Jibrin Okutepa, SAN, and Ekele Iheanacho, SAN, told Justice Joyce Abdulmalik that the respondents had failed to place sufficient evidence before the court to warrant the court to vacate the earlier interim order.
The motion, marked: FHC/ABJ/CS/20/2026, named the ex-AGF, Abdulaziz Abubakar Malami, Hajia Bashir Asabe, Abiru’ Rahman Abubakar Malami as 1st to 4th respondents.
Others are Rayhaan Bustan, Agro Allied Ltd, Mountain View Gold and Jewellery Ltd, Amasdul Oil and Gas Ltd, Azbir Arena Nigeria Ltd, and Meethaq Hotels Ltd, as the 5th to 9th respondents.
They also include Rayhaan University Ltd/GTE, Rayhaan Hotels Ltd, Zeenoor Hotels Ltd, Kawsar Ben of Brahim, Alhaji Muktaka Usman Junju, and Real Edge Agro Services Ltd as the 10th to 15th respondents, respectively.
The application was brought pursuant to Section 17 of the Advance Fee Fraud and Other Fraud-Related Offences Act, No. 14 of 2006.
The anti-graft agency sought “a final order of this honourable court forfeiting to the Federal Government of Nigeria, the properties described in the schedule below, which were found by the commission as properties reasonably suspected to be proceeds of unlawful activities.”
Giving six grounds why the application should be granted, Okutepa submitted that the court has the statutory powers under the provisions of Section 17 of the Advance Fee Fraud and Other Fraud-Related Offences Act, 2006, to grant the reliefs being sought.
The lawyer said it is a non-conviction-based asset forfeiture proceeding.
According to him, the properties sought to be attached and forfeited are reasonably suspected to be proceeds of unlawful activities.
“This honourable court made an interim order forfeiting the properties to the Federal Government of Nigeria.
“The order of the honourable court has been published in a national daily, namely THISDAY Newspaper of 9th January, 2026.
“No sufficient cause has been shown why the properties under the interim forfeiture order should not be finally forfeited to the Federal Government of Nigeria,” Okutepa argued.
In the affidavit in support of the motion, Daniel Adebayo, an investigating officer with the Special Duties Committee of the EFCC, said he had the consent of the commission’s chairman to depose to the affidavit and from facts gathered in the course of the investigation.
He said the commission received several petitions against the former minister from different organisations, alleging serious cases of corruption, abuse of office, and fraud.
He said that upon receipt of the series of petitions, his team carried out several investigative activities, including making inquiries and receiving financial records from commercial banks and the Central Bank of Nigeria (CBN).
He said the team wrote and received responses from the Corporate Affairs Commission (CAC), the Federal Inland Revenue Service (FIRS), the Code of Conduct Bureau (CCB), and the Abuja Geographical Information System (AGIS).
He said it also includes the Land Registry of Kebbi State, Sokoto State, and Kano State; the Kebbi State Inland Revenue Service; the FCT Inland Revenue Service; the National Universities Commission (NUC); and the valuation of the assets.
The officer said the team invited and interviewed individuals who featured in the investigation.
He listed Malami’s lawful sources of income while serving as minister between 2015 and 2023, including salaries, allowances, and estacodes, whose total amounts were not commensurate with the alleged properties he illegally acquired.
“I know as a fact and verily believe the findings of the investigation, which are as follows:
“Mr. Abubakar Malami, SAN, was the Hon. Minister of Justice and Attorney General of the Federation, hereinafter referred to as HAGF, from 2015 to 2023.
“He was paid a total of N89, 664, 000.00 as salary between 2015 and 2023, whilst in office, with an average payment of N962,663.68 per month.
“He also received a severance allowance of N12, 158, 400.00 at the end of his tenure in office.
“Mr. Malami SAN was also paid estacodes allowances to cover his travel expenses whenever he travelled outside the country on official trips.
“He calculated and declared a total sum of N253, 608, 500.00 as the amount he received for the official trips between 2015 and 2023 in a letter written to the Chairman of the CCB as an addendum to his Assets Declaration Form in June 2023.
“Attached and collectively marked as Exhibit EFCC 2 & 3 are copies of the asset declaration forms filled out by Mr. Malami SAN from 2015 to 2023, together with a letter dated 16 June 2023 written by him to the Chairman of the CCB as an addendum to the asset declaration form as found at his house during EFCC’s execution of a search warrant.”
He said, “Aside from the actual acquisition of the properties which are manifestly disproportionate to Mr. Malami SAN‘s known and lawful sources of income, no building permits/approvals from appropriate authorities were obtained to erect most of the various structures in Kano and Kebbi States as part of a scheme to disguise the unlawful origin of the funds used to acquire the assets.”
Adebayo alleged that Malami indirectly acquired some of the multiple assets either in his name or through third-party individuals or front companies/entities (which are currently under his chairmanship vide the Rayhaan Group Ltd).
The EFCC listed 57 multi-billion-naira landed properties located in Abuja, Kebbi, Kano, and Kaduna States, including the temporary and permanent sites of Rayhaan University in Kebbi.
Justice Abdulmalik had fixed 21 April for the hearing of the commission’s motion.
NAN reports that a sister court, presided over by Justice Emeka Nwite, had, on Jan. 6, ordered the interim forfeiture of the 57 properties suspected to be proceeds of unlawful activities to the Federal Government.
The judge made the order following an ex parte motion moved by the EFCC’s lawyer, Iheanacho.
The judge directed the commission to publish the order in a national daily, inviting interested persons to show cause within 14 days why all the properties should not be permanently forfeited to the Federal Government.
The case was, however, reassigned to Justice Obiora Egwuatu after the vacation ended, but Egwuatu recused himself from the matter, citing personal reasons and in the interest of justice, before it was reassigned to Abdulmalik.
Malami and others had since challenged the anti-graft agency’s civil suit, praying the court to vacate the order.
