Judge Withdraws From EFCC’s N213bn Forfeiture Cases Against Malami

JUSTICE Obiora Egwuatu, on Thursday, February 12, withdrew from the two cases filed by the Economic and Financial Crimes Commission (EFCC) against former attorney general of the Federation and minister of Justice, Abubakar Malami.
Justice Egwuatu, who was recently re-assigned the case by the Chief Judge of the Federal High Court, Justice John Tsoho, said he decided to recuse himself from the two cases for personal reasons and for better interest of justice.
This was disclosed shortly after the civil suit for forfeiture of 57 property allegedly linked to Malami was called for mention, as the trial Judge told the court he could no longer continue with the matter after counsel for the parties announced their appearances.
He said: “Ladies and gentlemen, for personal reasons, and for the better interest of justice, I will recuse myself from this case.”
The Judge directed that the case file be sent to the Chief Judge of the Federal High Court for reassignment, saying: “The instant charge CR/700/2025 filed FRN vs Abubakar Malami (SAN) and two others, shall be filed back to the Chief Judge for further directives.”
Recall that the former trial Judge, Justice Emeka Nwite, who also stepped down from the cases, had on January 6, ordered the temporarily forfeited of over 57 properties in Abuja, Kebbi, Kano and Kaduna states, valued about N213.2billion to the Federal Government, following an ex parte application by the EFCC, which insists the assets are suspected proceeds of unlawful activity linked to Malami, his wife and son.
The order also directed the EFCC to publish the notice in a national newspaper and invite any interested parties to show cause within 14 days why the properties should not be permanently forfeited.
Malami, however, challenged the order, insisting his wealth was legitimately acquired and fully declared to the appropriate authorities, urging the court to dismiss the proceedings.
He warned against what he described as “conflicting outcomes” and “duplicative litigation,” arguing that the action violated his rights to property, presumption of innocence and family life.
The former AGF also asked the court to restrain the EFCC from interfering with his ownership, possession and control of three properties, numbered 9, 18 and 48 in the EFCC’s application, maintaining that one of the properties is held in trust for the estate of his late father, Kadi Malami.
A number of individuals and organisations have since come up to hallenge the order, claiming ownership of some of the listed properties.