The Federal High Court in Abuja has adjourned judgment in the forfeiture suit filed by the Economic and Financial Crimes Commission against 57 properties linked to former Attorney-General of the Federation, Abubakar Malami, SAN.
The judgment, earlier scheduled for Monday, July 6, has now been shifted to July 10.
Justice Joyce Abdulmalik had previously fixed July 6 for judgment after lawyers representing the EFCC, Malami and other respondents adopted their processes and presented their arguments.
The case was listed on Monday’s cause list but did not proceed.
No reason was given in court for the adjournment, although some other matters listed before the same court were also given new dates.
The EFCC is asking the court to order the final forfeiture of the properties to the Federal Government.
The anti-graft agency claims the assets are reasonably suspected to be proceeds of unlawful activities.
At the last sitting, EFCC counsel, Jibrin Okutepa, SAN, urged the court to grant the final forfeiture application.
Okutepa told the court that the motion, filed in February, was supported by a 47-paragraph affidavit and 46 exhibits.
He said the application was contained in three volumes and asked the court to hold that Malami and the other respondents had failed to show that the properties were lawfully acquired.
The EFCC lawyer argued that the respondents had not provided satisfactory explanations for the legitimate sources of the assets.
He urged the court to make the interim forfeiture order permanent and transfer the properties to the Federal Government.
Responding, counsel to Malami and other respondents, Adedayo Adedeji, SAN, asked the court to dismiss the EFCC’s application.
Adedeji said the respondents had filed a 109-paragraph affidavit, deposed to by Malami himself, to show cause why the final forfeiture order should not be granted.
He argued that the properties were not acquired from proceeds of crime.
The defence lawyer said the EFCC’s case was built largely on suspicion rather than concrete evidence.
According to him, courts decide cases based on evidence, not suspicion.
Adedeji also argued that the EFCC relied on extra-judicial materials that should ordinarily be tested through cross-examination in a criminal trial.
He said the court could not properly determine the matter without oral evidence, which the court had earlier declined to allow.
The defence maintained that some of the properties were acquired before Malami became Attorney-General of the Federation.
Adedeji also moved separate counter-affidavits and further affidavits on behalf of other respondents and companies listed in the case.
Other lawyers representing individuals and companies connected to some of the properties also urged the court to reject the final forfeiture request.
They argued that granting the EFCC’s application would not serve the interest of justice.
After hearing parties on May 26, Justice Abdulmalik adjourned the matter for judgment.
The case will now continue on July 10, when the court is expected to deliver judgment on whether the 57 properties should be permanently forfeited to the Federal Government.
The suit has attracted public attention because of Malami’s former position as Nigeria’s chief law officer and the high value of the assets under dispute.
