Malami Challenges EFCC Property Forfeiture, Cites Legitimate Acquisition

Former Attorney General of the Federation, Abubakar Malami, has mounted a robust legal defense against the Economic and Financial Crimes Commission (EFCC) concerning the interim forfeiture of his numerous properties. In a significant legal maneuver, Malami has filed an affidavit before the Federal High Court in Abuja, vehemently denying the EFCC's allegations that his assets are proceeds of crime. He contends that all listed properties were acquired through legitimate means, accumulated over years of dedicated legal practice, diverse business ventures, and consistently declared income.

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There is no document before the court showing these properties were acquired with proceeds of crime.

The EFCC had secured an interim forfeiture order based on suspicions linking Malami's assets to illicit funds. However, Malami's legal team argues that the commission has failed to present any prima facie evidence connecting the properties to criminal activity, labeling the accusations as speculative. A key aspect of Malami's defense involves challenging the valuation of the assets, asserting that the EFCC has inflated their worth to bolster its case. He claims that independent valuers have provided substantially lower and more accurate assessments of the properties' true market value.

Malami further detailed the legitimate sources of his wealth, citing over three decades of legal practice, investments in hospitality, agriculture, and education, alongside loans from commercial banks, asset sales, and proceeds from book launches. He emphasized that all earnings have been duly declared to the Code of Conduct Bureau, in strict compliance with Nigerian law. Beyond the financial dispute, Malami has accused the EFCC of overstepping its mandate, alleging that operatives seized properties without a final forfeiture order, evicted family members, and confiscated documents in actions he describes as "extrajudicial" and a violation of due process.

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Loans from commercial banks, asset sales and other investments. Gifts and proceeds from book launches.

This legal battle is shaping up to be a critical test of the EFCC's powers of asset forfeiture and its adherence to due process. Malami's challenge underscores a broader conversation in Nigeria about the methods employed by anti-corruption agencies and the importance of respecting legal procedures. From a Nigerian perspective, this case highlights the complexities of fighting corruption while ensuring that individuals' rights are protected and that accusations are backed by concrete evidence. The outcome will be closely watched, as it could set important precedents for future asset forfeiture cases and the balance of power between investigative agencies and individuals facing allegations.

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extrajudicial