Judge steps aside in Malami’s ₦213bn EFCC forfeiture suit (SEE REASON)

Justice Obiora Egwatu on Thursday stepped aside from presiding over the Federal High Court’s asset forfeiture suit involving former Attorney-General of the Federation, Abubakar Malami, SAN, and two others, citing personal reasons.

Speaking shortly after the parties’ lawyers had announced their appearances, Justice Egwatu told the court:
“Ladies and gentlemen, for personal reasons, and in the interest of justice, I will recuse myself from this case.”

He directed that the case file be returned to the Chief Judge of the Federal High Court for reassignment.
“The instant charge CR/700/2025 filed FRN vs Abubakar Malami (SAN) and two others shall be referred back to the Chief Judge for further directives,” Justice Egwatu added.

The recusal occurs amid a high-profile legal dispute over 57 properties valued at approximately ₦213.2 billion. Last month, Justice Emeka Nwite had ordered the temporary forfeiture of the assets to the Federal Government following an ex parte application by the Economic and Financial Crimes Commission (EFCC), which claims the properties are suspected proceeds of unlawful activities linked to Malami and his sons.

The portfolio in question includes university buildings, hotels, plazas, filling stations, residential estates, and extensive land holdings across Abuja, Kebbi, Kano, and Kaduna states. The EFCC says these assets are reasonably suspected to have been acquired illicitly.

Justice Nwite’s interim order also instructed the EFCC to publish a notice in a national newspaper, inviting interested parties to show cause within 14 days why the properties should not be permanently forfeited.

Malami has challenged the forfeiture order, maintaining that his wealth was legitimately acquired and fully declared to relevant authorities. He asked the court to dismiss the proceedings, citing potential “conflicting outcomes” and “duplicative litigation,” while asserting that the action violates his rights to property, presumption of innocence, and family life.

He further requested that the court restrain the EFCC from interfering with his ownership, possession, and control of three properties listed in the application numbers 9, 18, and 48 noting that one of them is held in trust for the estate of his late father, Kadi Malami.