Court Adjourns Judgment in EFCC’s Bid to Forfeit 57 Properties Allegedly Linked to Malami

The Federal High Court in Abuja has adjourned judgment in the Economic and Financial Crimes Commission’s (EFCC) application seeking the final forfeiture of 57 properties allegedly linked to former Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN), until July 15.

The judgment, which was earlier scheduled for Friday before Justice Joyce Abdulmalik, could not be delivered as the judge did not sit.

Justice Abdulmalik had initially fixed July 6 for judgment after counsel to the EFCC and the respondents adopted their final written addresses and presented arguments on the commission’s forfeiture application.

The EFCC is seeking a final order forfeiting the 57 properties to the Federal Government, contending that they are proceeds of unlawful activities.

At the last hearing, counsel to the EFCC, Jibrin Okutepa (SAN), urged the court to grant the application, relying on a 47-paragraph affidavit supported by 46 documentary exhibits contained in three volumes.

Okutepa argued that Malami and the other respondents failed to provide satisfactory explanations regarding the legitimate sources of funds used to acquire the properties.

According to him, the respondents had “woefully failed to show cause” why the assets should not be permanently forfeited to the Federal Government.

However, counsel to Malami, Adedayo Adedeji (SAN), opposed the application and urged the court to dismiss it.

Relying on 109-paragraph counter-affidavit deposed to by the former Attorney-General, Adedeji argued that the respondents had sufficiently demonstrated that the properties were lawfully acquired and not proceeds of crime.

“The court deals with evidence, not suspicion,” the senior advocate submitted.

He further contended that the EFCC’s case was largely founded on extrajudicial statements that ought to be tested during a criminal trial, maintaining that the court could not fairly determine the issues without oral evidence, which it had earlier declined to admit.

Adedeji also argued that several of the disputed properties were acquired before Malami assumed office as Attorney-General of the Federation and, therefore, could not reasonably be connected to any alleged criminal conduct during his tenure.

In addition to Malami’s defence, the senior advocate adopted separate counter-affidavits and further affidavits filed on behalf of the other respondents and companies joined in the suit, urging the court to refuse the EFCC’s application.

Justice Abdulmalik is now expected to deliver judgment in the matter on July 15.

… Court Adjourns Judgment in EFCC’s Bid to Forfeit 57 Properties Allegedly Linked to Malami … Naijaonpoint.