Court delays ruling once more in lawsuit seeking seizure of Malami's assets

The Federal High Court in Abuja has postponed its judgment in the forfeiture case involving 57 properties linked to Abubakar Malami, the former Minister of Justice, until July 15, after the scheduled judgment date could not proceed as Justice Joyce Abdulmalik did not sit.

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The case was initially set for judgment on July 6, a date fixed by Justice Abdulmalik on May 26, following the adoption of processes and presentation of arguments by the EFCC counsel, Jibrin Okutepa, SAN, and Adedayo Adedeji, SAN, counsel to Malami and other respondents.

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The EFCC had filed the suit seeking the final forfeiture of the properties, which are suspected to be proceeds of unlawful activities, with the anti-graft agency presenting a motion supported by a 47-paragraph affidavit and 46 exhibits.

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Jibrin Okutepa, SAN, moved the motion, which was filed in February, and prayed the court to grant the application, arguing that Malami and other respondents had failed to show that the properties were acquired legitimately.

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Okutepa urged the court to order the permanent forfeiture of the properties to the federal government, citing the respondents' failure to demonstrate the legitimate acquisition of the properties.

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In response, Adedayo Adedeji, SAN, argued that the application was deposed to by Malami himself and was filed to show cause why the final forfeiture order should not be granted.

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Adedeji contended that the EFCC relied on suspicion rather than evidence to allege that the properties were acquired with proceeds of crime, stating that "the court deals with evidence, not suspicion".

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He further argued that the prosecution relied on extrajudicial evidence, which is ordinarily meant for cross-examination during criminal trial proceedings, as evidence in the current case.

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Adedeji maintained that the properties, including some acquired before Malami assumed office, were not proceeds of crime and urged the court to refuse the forfeiture request.

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He also moved separate counter-affidavits and further affidavits on behalf of some other respondents and companies listed in the matter, reiterating his call for the court to reject the EFCC's request.