A Federal High Court in Abuja has fixed July 10 to deliver judgment in the case filed by the Economic and Financial Crimes Commission (EFCC) seeking the permanent forfeiture of 57 properties allegedly linked to former Attorney-General of the Federation, Abubakar Malami.
The case came up on Monday before Justice Joyce Abdulmalik after judgment was initially expected following the adoption of final written addresses by all parties on May 26.
The EFCC is asking the court to permanently transfer ownership of the properties to the Federal Government, arguing that they are reasonably suspected to be proceeds of unlawful activities.
Counsel to the anti-graft agency, Jibrin Okutepa, urged the court to grant the application, relying on a 47-paragraph affidavit supported by 46 exhibits. He argued that Malami and the other respondents failed to provide satisfactory explanations for the legitimate sources of the assets.
However, Malami’s lawyer, Adedayo Adedeji, asked the court to dismiss the application and vacate the interim forfeiture order. He maintained that the EFCC’s case was based on suspicion rather than concrete evidence.
“The court deals with evidence, not suspicion,” Adedeji argued, adding that the commission relied on extra-judicial statements that should only be tested through cross-examination during a criminal trial.
He also told the court that some of the disputed properties were acquired before Malami became Attorney-General of the Federation and therefore could not be classified as proceeds of crime.
Lawyers representing other respondents and companies named in the suit also urged the court to reject the EFCC’s application.
Justice Abdulmalik subsequently adjourned the matter until July 10 for judgment.
Malami is also facing two separate criminal cases before another judge of the Federal High Court in Abuja, including charges of alleged money laundering and illegal possession of firearms.
