The Federal High Court in Abuja has scheduled July 6, 2026, to deliver judgment in the forfeiture case instituted by the Economic and Financial Crimes Commission (EFCC) against 57 properties allegedly linked to former Attorney-General of the Federation, Abubakar Malami.
The EFCC is seeking the permanent forfeiture of the assets, claiming they are reasonably suspected to have been acquired through unlawful means.
According to a statement issued by the anti-graft agency, Justice Joyce Abdulmalik fixed the date after counsel to the EFCC, Jibrin Okutepa (SAN), alongside lawyers representing Malami and other respondents, adopted their processes and argued their positions before the court.
Presenting the commission’s application, Okutepa informed the court that the motion, filed in February, was supported by a 47-paragraph affidavit and 46 exhibits.
He described the filing as spanning “three volumes” and urged the court to grant the reliefs sought by the commission.
Relying on the documents before the court, Okutepa argued that Malami and the other respondents failed to provide convincing proof that the properties were legitimately acquired.
He therefore asked the court to order the final forfeiture of the assets to the Federal Government.
However, counsel to Malami and the other respondents, Adedayo Adedeji, opposed the application and requested that the interim forfeiture order previously granted be vacated.
The EFCC is prosecuting the defendants on an amended 16-count charge bordering on alleged conspiracy, procurement, concealment, disguise, and laundering of proceeds of unlawful activities amounting to N8.71 billion.
Adedeji told the court that the respondents’ application, filed on February 27 and backed by a 109-paragraph affidavit sworn to by Malami, was aimed at demonstrating why the final forfeiture request should not be granted.
He argued that the EFCC had not produced concrete evidence linking the properties to proceeds of crime and was relying mainly on suspicion.
“The court deals with evidence, not suspicion,” Adedeji argued while urging the court to dismiss the commission’s request.
The defence also maintained that the prosecution relied heavily on extra-judicial statements which would ordinarily require cross-examination during a criminal trial before they could be accepted as credible evidence.
The forfeiture proceedings are tied to the ongoing N8.7 billion money laundering case involving Malami, his wife, Asabe Rakiya Bashir, and his son, Abubakar Abdulaziz Malami.
In January, Justice Emeka Nwite granted the three defendants bail in the sum of N1.5 billion after they were arraigned on allegations bordering on money laundering.
They had pleaded not guilty to the charges before being remanded pending the determination of their bail applications.
Adedeji further argued that the matter could not be fairly resolved without oral testimony, noting that the court had previously declined an application seeking to present oral evidence.
He also stated that some of the disputed properties were acquired before Malami became Attorney-General of the Federation, insisting they were not proceeds of unlawful activities.
The lawyer additionally filed separate counter-affidavits and further affidavits for other respondents and companies named in the suit, urging the court to reject the final forfeiture application.
Other lawyers representing individuals and firms connected to the case also appealed to the court to dismiss the EFCC’s request in the interest of justice.
After hearing submissions from all parties, Justice Abdulmalik adjourned the matter until July 6 for judgment.