Appeal Court Reserves Judgment In Malami’s Property Forfeiture Battle

According to Ireporter Online, the Court of Appeal sitting in Abuja on Thursday reserved ruling on an application filed by former Attorney-General of the Federation, Abubakar Malami (SAN), who is seeking leave to challenge a Federal High Court decision concerning the interim forfeiture of properties linked to him. The appellate panel, led by Justice Abba Mohammed, did not announce a date for judgment, stating that parties would be informed once a ruling is ready.

Malami, through his counsel Joseph Daudu (SAN), is contesting the decision delivered by Justice Joyce Abdulmalik in proceedings initiated by the Economic and Financial Crimes Commission (EFCC) over the alleged forfeiture of 57 properties suspected to be proceeds of unlawful activities. The EFCC had earlier obtained an interim forfeiture order from the Federal High Court, which set the stage for the ongoing legal battle.

During Thursday’s proceedings, Daudu urged the court to grant an extension of time to seek leave to appeal, alongside leave to appeal and additional time to file the substantive appeal. He argued that the delay in filing was not deliberate but largely due to the time required to obtain the certified copy of the lower court’s ruling. He further maintained that recent procedural requirements mandate that the ruling being appealed must be attached, stressing that failure to do so would render the application incompetent.

He also contended that the objections raised by the EFCC, particularly reliance on fast-track procedures for corruption-related cases, were misplaced and not properly raised in their written response. According to him, interlocutory appeals remain valid in law, especially where jurisdictional issues are in contention.

However, counsel for the EFCC, Jibrin Okutepa (SAN), opposed the application, urging the court to dismiss it on the grounds that it was unnecessary and contrary to the fast-track framework designed to accelerate corruption and financial crime cases. He argued that the properties in question were allegedly acquired during Malami’s tenure as Attorney-General of the Federation and insisted that any grievances could be addressed at the conclusion of the substantive trial.

Okutepa further submitted that the applicant failed to provide sufficient justification for the delay in filing the appeal, urging the appellate court to allow the forfeiture proceedings to continue without interruption.

After hearing arguments from both sides, the Court of Appeal reserved its ruling, which will be communicated to the parties at a later date. The case stems from an interim forfeiture order issued in January by Justice Emeka Nwite of the Federal High Court, directing the seizure of 57 properties allegedly linked to unlawful activities and ordering publication to allow any interested party to show cause. The matter has since passed through multiple judicial reassignments before landing before Justice Abdulmalik, whose ruling is now being contested.