Justice Obiora Egwatu on Thursday stepped aside from presiding over the Federal High Court’s asset forfeiture suit against former Attorney-General of the Federation (AGF), Abubakar Malami, SAN, and two others, citing personal reasons.
Addressing the court shortly after counsel for the parties had announced their appearances, Justice Egwatu said:
“Ladies and gentlemen, for personal reasons, and for the better interest of justice, I will recuse myself from this case.”
He directed that the case file be forwarded to the Chief Judge of the Federal High Court for reassignment, adding:
“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.”
Background of the Case
The recusal occurs amid a high-stakes legal dispute over 57 properties valued at approximately ₦213.2 billion, which Justice Emeka Nwite had temporarily forfeited to the Federal Government last month.
The interim forfeiture order, issued on January 6, followed an ex parte application by the Economic and Financial Crimes Commission (EFCC). The commission claims the assets, which include university buildings, hotels, plazas, filling stations, residential estates, and large tracts of land across Abuja, Kebbi, Kano, and Kaduna states, are suspected proceeds of unlawful activities allegedly linked to Malami and his sons.
Justice Nwite also directed the EFCC to publish the notice in a national newspaper and invite interested parties to show cause within 14 days why the properties should not be permanently forfeited.
Malami Challenges Forfeiture
Malami has consistently challenged the forfeiture order, insisting that his wealth was legitimately acquired and fully declared to relevant authorities.
The former AGF urged the court to dismiss the proceedings, citing what he described as “conflicting outcomes” and “duplicative litigation,” and arguing that the EFCC action violates his rights to property, presumption of innocence, and family life.
He further sought a court order restraining the EFCC from interfering with his ownership, possession, and control of three specific properties (numbered 9, 18, and 48 in the EFCC application), noting that one of the properties is held in trust for the estate of his late father, Kadi Malami.
Elijah Adeyemi
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