
The Federal High Court in Abuja, presided over by Justice Joyce Abdulmalik, delivered a landmark judgment on Wednesday, July 15, 2026, ordering the final forfeiture of 48 properties linked to former Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN), to the Federal Government of Nigeria.
The court’s decision follows a vigorous legal battle initiated by the Economic and Financial Crimes Commission (EFCC), which sought the permanent seizure of 57 assets valued at approximately N212.8 billion. In her ruling, Justice Abdulmalik held that the commission successfully established a prima facie case that the 48 properties were proceeds of unlawful activities, while noting that the respondents failed to demonstrate legitimate sources of income for their acquisition.
The Core of the Judgment
Justice Abdulmalik dismissed numerous motions and applications filed by Mr. Malami, his family members, and various corporate entities associated with the assets, characterizing these challenges as lacking merit.
A pivotal point in the ruling was the judge’s clarification on the burden of proof. She emphasized that the proceedings were not focused on determining the legal ownership of the properties, but rather on the legitimacy of the funds used to acquire them. Relying on Section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act, the court held that the respondents failed to “dislodge the reasonable suspicion” that the properties were acquired through unlawful means.
During the proceedings, the court noted that despite Mr. Malami’s official earnings—documented as approximately N89.7 million in salary and N12 million in severance during his tenure as Minister—the scale of the properties indicated acquisitions far beyond his disclosed income. The court further rejected arguments that the EFCC’s case relied on mere speculation, affirming that in civil forfeiture cases, the standard is based on reasonable suspicion rather than the “beyond reasonable doubt” threshold required for criminal convictions.
Excluded Assets
While the court ordered the forfeiture of 48 assets, it declined to grant the order for nine other properties, citing insufficient evidence from the EFCC to link them directly to illicit activity. These released assets, valued at approximately N28.7 billion, include the Rayhaan Model Academy, the Rayhaan Primary and Secondary School, and the Malami Support Organisation Building.
The total value of the 48 properties now forfeited to the Federal Government is estimated at N180.4 billion.
Legal Context
The forfeiture proceedings began in January 2026, when the EFCC obtained an interim order from Justice Emeka Nwite. Following that order, the commission was mandated to publish a notice in national newspapers, inviting any interested parties to show cause why the assets should not be permanently forfeited. Mr. Malami and his co-respondents subsequently challenged the move, asserting that the properties were acquired legally and that the commission failed to establish a nexus between the assets and any specific criminal offence.
The court reiterated that today’s judgment is a civil forfeiture action and does not constitute a criminal conviction. Mr. Malami and his family continue to face separate, ongoing criminal charges related to the alleged illegitimate acquisition of funds.
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