Why 57 property linked to Malami should be permanently forfeited to Fed Govt, by EFCC
The Economic and Financial Crimes Commission (EFCC) has applied to the Federal High Court in Abuja for the final forfeiture 57 properties linked to former Attorney General of the Federation
- From Eric Ikhilae, Abuja
The Economic and Financial Crimes Commission (EFCC) has applied to the Federal High Court in Abuja for the final forfeiture 57 properties linked to former Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami (SAN).
In a motion on notice, the EFCC claimed that the respondents failed to provide sufficient evidence for the court to vacate its earlier order for interim forfeiture of the affected property.
The respondents in the case are: Malami, his son, Abdulaziz, his wife, Hajia Bashir Asabe, and Abiru’ Rahman Abubakar Malami.
Others are: Rayhaan Bustan and Agro Allied Limited, Mountain View Gold and Jewellery Limited, Amasdul Oil and Gas Limited, Azbir Arena Nigeria Limited, and Meethaq Hotels Limited.
Also listed are: Rayhaan University Limited/GTE, Rayhaan Hotels Limited, Zeenoor Hotels Limited, Kawsar Ben of Brahim, Alhaji Muktaka Usman Junju, and Real Edge Agro Services Limited.
The EFCC gave six grounds om why it prayed the court to grant its request for the final forfeiture. These include the fact that the court has the statutory powers under the provisions of Section 17 of the Advance Fee Fraud and Other Fraud-Related Offences Act, 2006, to grant the reliefs being sought.
The anti-graft agency said the procedure was a non-conviction-based asset forfeiture proceeding and that the properties sought to be attached and forfeited were reasonably suspected to be proceeds of unlawful activities.
It added that after the court had made the interim order forfeiting the property to the Federal Government, which it published in a national newspaper on January 9, “no sufficient cause has been shown why the properties, under the interim forfeiture order, should not be finally forfeited to the Federal Government of Nigeria”.
In a supporting affidavit, the EFCC stated that it had received several petitions from different organisations alleging serious cases of corruption, abuse of office, and fraud against the former minister.
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It added that, upon receipt of the petitions, its investigating team probed the ex-minister’s activities, including enquiries and the receipt of financial records from commercial banks and the Central Bank of Nigeria (CBN). The commission said the team wrote and received responses from the Corporate Affairs Commission (CAC), the Federal Inland revenue Services (FIRS), the Code of Conduct Bureau (CCB), and the Abuja Geographical Information System (AGIS).
It claimed to have also received feedback from the Land Registry of Kebbi State, Sokoto State, and Kano State, Kebbi State Inland Revenue Service, the FCT Inland Revenue Services, the National Universities Commission (NUC), visiting the sold landed properties and valuation of the assets.
The EFCC stated that the team invited and interviewed some people who featured in the investigation.
It gave details of Malami’s lawful sources of income, while he was minister between 2015 and 2023, including salaries, allowances, and estacodes, which the EFCC claimed were not proportionate to the alleged property he acquired illegally.
“I know as a fact and verily believe the findings of the investigation, which are as follows:
It said: “Mr. Abubakar Malami (SAN) was the Minister of Justice and Attorney General of the Federation, hereinafter referred to as HAGF, from 2015 to 2023.
“He was paid a total of N89,664,000.00 as salary between 2015 and 2023, whilst in office, with an average payment of N962,663.68 per month.
“He also received a severance allowance of N12,158,400.00 at the end of his tenure in office.
“Mr. Malami (SAN) was also paid estacodes allowances to cover his travel expenses whenever he travelled outside the country on official trips.
“He calculated and declared a total sum of N253,608,500.00 as the amount he received for the official trips between 2015 and 2023 in a letter written to the Chairman of the CCB as an addendum to his Assets Declaration Form in June 2023.
“Attached and collectively marked as Exhibit EFCC 2 & 3 are copies of the asset declaration forms filled out by Mr. Malami (SAN) from 2015 to 2023, together with a letter dated 16th of June, 2023 written by him to the Chairman of the CCB as addendum to the assets declaration form as found at his house during EFCC’s execution of search warrant.
“Aside the actual acquisition of the properties which are manifestly disproportionate to Mr. Malami (SAN‘s) known and lawful sources of income, no building permits/approvals from appropriate authorities were obtained to erect most of the various structures in Kano and Kebbi States as part of a scheme to disguise unlawful origin of the funds used to acquire the assets.”
The EFCC further claimed that Malami indirectly acquired some of the multiple assets either in his name or through third-party individuals or front companies/entities (which are currently under his chairmanship vide the Rayhaan Group Limited).
In a schedule submitted to the court, the EFCC listed the 57 properties, which it claimed are located in Abuja, Kebbi, Kano, and Kaduna states, including temporary and permanent sites of Rayhaan University in Kebbi.
Justice Abdulmalik has scheduled April 21 for the hearing of motion for final forfeiture.
