Former Attorney-General of the Federation, Abubakar Malami, appears at the Court of Appeal in Abuja over the EFCC’s interim forfeiture of 57 properties linked to alleged unlawful activities.
The Court of Appeal in Abuja on Thursday reserved ruling in former Attorney-General of the Federation, Abubakar Malami’s application challenging the interim forfeiture of 57 properties linked to him in an Economic and Financial Crimes Commission investigation.
The case has intensified public attention on corruption allegations involving former public officials and the Federal Government’s push to recover assets suspected to be proceeds of unlawful activities.
A three-member panel of the appellate court led by Justice Abba Mohammed heard arguments from both parties and announced that it would communicate a date for the ruling later.
Malami, through his lawyer, Joseph Daudu (SAN), asked the appellate court to grant him leave to appeal a ruling delivered by Justice Joyce Abdulmalik of the Federal High Court.
The EFCC had earlier secured an interim forfeiture order against the 57 properties after alleging that the assets represented proceeds of unlawful activities.
Daudu told the court that the delay in filing the appeal resulted from the time needed to obtain the certified copy of the lower court’s ruling.
He said the application sought three reliefs — extension of time to seek leave to appeal, leave to appeal, and extension of time to file the appeal.
The senior advocate argued that current court rules require applicants in interlocutory appeals to attach the ruling they intend to challenge.
He insisted that any application filed without the attached ruling would become incompetent.
Daudu also challenged the EFCC’s reliance on fast-track procedures for corruption cases, arguing that the anti-graft agency failed to include the issue in its counter-affidavit before raising it during oral arguments.
He maintained that the law still permits interlocutory appeals, especially in cases involving jurisdictional issues.
However, EFCC counsel, Jibrin Okutepa (SAN), urged the court to dismiss the application and allow the substantive forfeiture proceedings to continue without delay.
Okutepa argued that the properties under investigation were allegedly acquired fraudulently while Malami served as Attorney-General of the Federation.
He told the court that Malami could raise all his objections during the substantive hearing instead of filing separate appeals that could slow down the case.
“This has to do with property fraudulently acquired while Malami was AGF,” Okutepa told the court.
The EFCC lawyer also argued that Malami failed to provide sufficient reasons for missing the deadline for filing the appeal.
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The case has also exposed the procedural complexities surrounding high-profile corruption cases in Nigeria’s judicial system.
Justice Emeka Nwite initially handled the matter and granted the interim forfeiture order on January 6.
The court later reassigned the case to Justice Obiora Egwuatu after the court vacation.
Justice Egwuatu later withdrew from the case, citing personal reasons and the interest of justice, prompting another reassignment to Justice Abdulmalik.
The Federal High Court had earlier directed the EFCC to publish the interim forfeiture order in a national newspaper and invited interested parties to show cause within 14 days why the court should not permanently forfeit the properties to the Federal Government.
The appellate court’s pending ruling will determine whether Malami can proceed with his appeal as the substantive forfeiture case continues.
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