Again, court adjourns judgment in forfeiture case against Malami’s properties

The Federal High Court in Abuja has adjourned a forfeiture suit filed by the Economic and Financial Crimes Commission (EFCC) against 57 properties linked to former Minister of Justice, Abubakar Malami. The judgment, initially scheduled for July 6, has been postponed to July 15 after the presiding judge did not sit.

The EFCC is seeking the final forfeiture of these properties, which it reasonably suspects are proceeds of unlawful activities. During the last hearing, EFCC counsel Jibrin Okutepa argued that Malami and other respondents had failed to demonstrate the legitimate acquisition of the properties. He urged the court to permanently forfeit them to the federal government, citing a 47-paragraph affidavit with 46 exhibits supporting the motion.

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The court deals with evidence, not suspicion.

Conversely, Adedayo Adedeji, counsel for Malami and other respondents, argued that the EFCC's application relies on mere suspicion, not concrete evidence. He presented a 109-paragraph affidavit deposed to by Malami himself, asserting that the properties were not acquired from the proceeds of crime. Adedeji contended that the court deals with evidence, not suspicion, and urged the court to disregard the EFCC's submissions. He also argued that the prosecution used "extrajudicial evidence" typically reserved for criminal trials and that the matter could not be properly determined without oral evidence, which the court had previously refused.

Adedeji further maintained that some properties were acquired before Malami assumed office and were not proceeds of crime. He also moved separate counter-affidavits and further affidavits on behalf of other respondents and companies named in the suit, urging the court to dismiss the forfeiture request. The case involves properties including those acquired before Malami's tenure as minister.

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The prosecution relied on 'extrajudicial evidence' ordinarily meant for cross-examination during criminal trial proceedings as evidence in the current case.