New twist in Malami’s case as fresh applicants challenge EFCC’s interim forfeiture of ex-AGF assets

More applicants have approached the Federal High Court in Abuja, seeking to set aside the interim forfeiture order placed on properties linked to Abubakar Malami, former Attorney-General of the Federation and Minister of Justice.

The applicants asked the court to vacate the interim forfeiture order granted on January 6 by Justice Emeka Nwite.

They argued that the Economic and Financial Crimes Commission(EFCC) failed to establish any nexus between their properties and unlawful activities, contrary to section 135 of the Evidence Act and the Advance Fee Fraud Act.

In separate motions on notice, Alhaji Muktaka Usman Junju and Rayhaan Bustan and Agro Allied Limited urged the court to discharge the interim forfeiture order.

Junju, through his counsel, Kalu Kalu Agu, asked the court to set aside the order affecting property listed as number 40 by the EFCC.

Rayhaan Limited, through its lawyer, Joseph Daudu, asked the court to remove properties listed as numbers one, 28, 29, 30, 31 and 32 from the forfeiture schedule.

The applicants also sought an order directing the immediate restoration of their possession, control and enjoyment of the affected properties among the 57 listed for forfeiture.

Property number 40 is Al-Afiya Energy Tanker Garage along Sani Abacha Bypass Road, Birnin Kebbi, valued at ₦2.45 billion.

Property number one is a luxury duplex in Maitama, Abuja, purchased in December 2022 for ₦500 million, with its post-enhancement value put at ₦5.95 billion.

Properties numbered 28 to 32 are factory buildings, equipment, staff quarters and ancillary facilities under Rayhaan Agro Allied Factory in Kebbi, with combined valuations running into several billions of naira.

Justice Nwite had ordered the interim forfeiture of the 57 properties suspected to be proceeds of unlawful activities linked to Malami.

The properties are located across Abuja, Kebbi, Kano and Kaduna states.

The judge granted the order following an ex parte motion filed by EFCC counsel, Ekele Iheanacho, a Senior Advocate of Nigeria.

Nwite also ordered the publication of the forfeiture notice in a national daily, inviting interested parties to show cause within 14 days why a final forfeiture order should not be made.

The case file has since been transferred to Justice Obiora Egwuatu of a sister court, for adjudication.

In his motion dated January 26, Junju said property number 40 belonged to him and that its acquisition history was detailed in documents attached to his affidavit.

Agu argued that the EFCC failed to disclose the alleged unlawful act connected to the property, thereby robbing the court of jurisdiction.

He said the commission did not comply with section 44(2)(b) of the 1999 constitution and section 17(1) of the Advance Fee Fraud Act 2006.

“The interim forfeiture was procured in violation of section 5 of the Assets Tracing, Recovery and Management Regulations 2019, having not been initiated through the office of the attorney-general of the federation,” Agu said.

He added that Junju purchased the land from an original allottee and had no link with Malami or Al-Afiya Garage.

In his submission, Daudu said Rayhaan Limited is a duly registered company under the Companies and Allied Matters Act.

He said the affected properties were acquired through legitimate banking facilities from NEXIM Bank, the Bank of Industry and Access Bank.

“The NEXIM Bank loan has now been called in by reason of the interim order of forfeiture of January 6, 2026,” Daudu said.

“Zenith Bank Plc, which guaranteed the loan, has revoked the guarantee and commenced daily interest charges on the outstanding sum,” he added.

Daudu argued that the EFCC failed to link the properties to any predicate offence as required under the Advance Fee Fraud Act.

He said the January 6 proceedings amounted to unlawful deprivation of property, denial of fair hearing and abuse of court process.

Malami has also filed a separate motion seeking to vacate the interim forfeiture order on properties linked to him.

Justice Egwuatu has fixed February 12 for the hearing of the applications.

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