Former Attorney-General of the Federation (AGF) and Minister of Justice Abubakar Malami has detailed his sources of income in a bid to justify the acquisition of 57 assets valued at ₦212.8 billion, currently under an interim forfeiture order obtained by the Economic and Financial Crimes Commission (EFCC).
In an application filed on 27 January at the Federal High Court in Abuja, Mr Malami asked the court to set aside the interim forfeiture order issued on 6 January by Justice Emeka Nwite.
According to PREMIUM TIMES’ calculations, the income streams listed by Mr Malami total about ₦14.96 billion (₦15 billion).
“These streams of income, and the continuing profits generated from the businesses over the years, sufficiently show that the properties sought to be forfeited were acquired through legitimate and lawful means as stated in the asset declaration forms,” his lawyer, Joseph Daudu, SAN, said.
EFCC’s Case
The EFCC told the court that the assets were suspected to have been acquired with proceeds of unlawful activities, arguing that Mr Malami could not have legitimately owned the properties, most of which were acquired during his eight years in office (2015–2023).
The commission valued the properties, located in Abuja, Kaduna, Kano and Kebbi states, at ₦212.8 billion.
Justice Nwite ordered the EFCC to publish the interim forfeiture order in a national newspaper to allow interested parties 14 days to show cause why the assets should not be permanently forfeited to the federal government.
Alleged Rights Violation
Challenging the order, Mr Daudu accused the EFCC of suppressing material facts to secure the interim forfeiture.
He said the action violated Mr Malami’s right to acquire property, his presumption of innocence, and his right to live in peace with his family.
Declared Sources of Income
Mr Daudu said Mr Malami declared the following earnings in his asset forms submitted to the Code of Conduct Bureau (CCB):
₦374,630,900 from salaries, estacodes, severance allowance and other official earnings;
Sitting allowances from boards and committees, including the Federal Judicial Service Commission, FCT Judicial Service Commission, Legal Practitioners Privileges Committee, and a presidential committee;
₦574,073,000 from disposed assets;
₦10,017,382,684 as business turnover;
₦2,522,000,000 as loans to businesses;
₦958,000,000 as traditional gifts from personal friends.
He added that Mr Malami also earned ₦509,880,000 from the launch of his book, “Contemporary Issues on Nigerian Law and Practice, Thorny Terrains in Traversing the Nigerian Justice Sector: My Travails and Triumphs.”
Disputed Assets
Mr Daudu specifically addressed assets listed by the EFCC as Nos. 9, 18 and 48, saying Mr Malami declared assets Nos. 9 and 18 in his 2019 and 2023 asset forms.
He said asset No. 48 is held in trust for the estate of Mr Malami’s late father, Kadi Malami.
“These assets, their value and their root of title have been clearly stated and specifically demonstrated in the various asset declaration forms spanning from 2019 to 2023,” he said.
“The declaration above is prima facie evidence of the legitimacy of the acquisition and ownership of the properties.”
Legal Arguments
Mr Daudu argued that the EFCC obtained the interim forfeiture order ex parte through exaggeration and misrepresentation.
“The interim order was obtained by manifest exaggeration, malicious inflation of the value of the assets, and unreasonable and incompetent valuation deliberately manipulated to mislead the court,” he said.
He added that the EFCC presented no prima facie evidence linking the assets to unlawful proceeds.
“That there is no prima facie evidence placed before this honourable court by the applicant/respondent (EFCC) to warrant the properties linked to the respondent/applicant (Malami) to be liable for forfeiture,” the application stated.
Reliefs Sought
Mr Malami asked the court to lift the forfeiture orders on assets listed as Nos. 9, 18 and 48 and restrain the EFCC “from interfering with the respondent/applicant’s (Malami’s) properties.”
Other Charges
Mr Malami is facing money laundering charges filed by the EFCC alongside his wife, Asabe Bashir, and son, Abdulaziz Malami.
He is also in the custody of the State Security Service (SSS) over alleged discovery of arms in his residence during an EFCC raid, an allegation he has denied through his media aide.
