Federal High Court Judge Withdraws from Malami Assets Forfeiture Case
The Chief Judge of the Federal High Court, Justice John Tsoho, is set to reassign the asset forfeiture case involving former Attorney-General of the Federation, Abubakar Malami, after the judge handling the matter returned the case file for fresh assignment.
Justice Emeka Nwite, who had earlier issued an interim forfeiture order on 57 properties linked to Malami, announced on Tuesday that he had forwarded the case back to the Chief Judge in line with court procedure. The properties, valued at about N212.8 billion, are located in Abuja, Kano and Birnin-Kebbi in Kebbi State. The Economic and Financial Crimes Commission (EFCC) had obtained the interim forfeiture order, alleging that the assets were acquired with proceeds of unlawful activities.
Earlier in January, Justice Nwite ordered that the interim forfeiture notice be published in a national daily, inviting any interested parties to show cause within 14 days why the assets should not be permanently forfeited to the Federal Government. He had adjourned proceedings to January 27 for a compliance report and possible consideration of final forfeiture.
However, when the case was called on Tuesday, it did not appear on the court’s cause list, although lawyers who filed processes opposing final forfeiture were present, alongside EFCC counsel, Jibrin Okutepa (SAN).
Okutepa reminded the court that the matter had been adjourned to that date for compliance reporting and urged the judge to proceed.
“My lord, we have a matter that was adjourned on record to today but not on the cause list. When I confirmed from the registrar, they said it was a vacation matter,” he said.
He requested that the court conclude proceedings on the case. But Justice Nwite explained that, by court tradition, matters assigned to judges during vacation sittings must be returned to the Chief Judge once regular court sessions resume.
“You will have to pursue this administratively so that you can bring this case to the notice of the Chief Judge to fast-track the process,” the judge told counsel.
He added that the EFCC would be informed once the Chief Judge reassigns the matter to a new judge.
Malami is also facing a separate N8.7 billion money laundering trial alongside his wife, Asabe Bashir, and son, Abdulaziz Malami. That case was likewise assigned to Justice Nwite during the court vacation, where he granted bail to the defendants and fixed February 17 for the commencement of trial.
The judge indicated that this case would also be returned for reassignment.
Meanwhile, Malami, who is currently in custody of the State Security Service (SSS), has alleged that his continued detention is obstructing his ability to prepare his defence in both the forfeiture and money laundering cases.
In a statement issued through his media aide, Mohammed Doka, Malami claimed he was denied access to his lawyers and family members for several days after his re-arrest on January 19.
The statement described the actions of security agencies as coordinated efforts to frustrate his right to fair hearing and effective legal representation, adding that restricted access to legal counsel had affected preparations for court proceedings.
