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A Federal High Court judge in Abuja stepped aside Thursday from presiding over asset forfeiture proceedings involving former Attorney-General of the Federation Abubakar Malami, citing personal reasons and directing that the case be reassigned by the Chief Judge of the Federal High Court.
Justice Obiora Egwatu made the announcement shortly after counsel for all parties had announced their appearances in the courtroom, bringing an abrupt halt to what had been scheduled as a substantive hearing in the high-profile matter. “Ladies and gentlemen, for personal reasons, and in the interest of justice, I will recuse myself from this case,” Justice Egwatu told the court. He directed that the case file, marked CR/700/2025 in the suit styled FRN vs. Abubakar Malami and two others, be returned to the Chief Judge for further directives on reassignment.
The recusal adds a fresh procedural twist to a legal battle involving 57 properties valued at approximately 213.2 billion naira, which another Federal High Court judge, Justice Emeka Nwite, had ordered temporarily forfeited to the Federal Government on January 6 following an ex parte application by the Economic and Financial Crimes Commission.
The EFCC’s application, moved by its counsel Ekele Iheanacho, argued that the properties were reasonably suspected to be proceeds of unlawful activities linked to Malami and two of his sons, Abdulaziz Malami and Abiru-Rahman Malami. Justice Nwite granted the order and directed the commission to publish notice in a national newspaper, inviting interested parties to show cause within 14 days why the assets should not be permanently forfeited. The portfolio spans high-value landed assets across Abuja, Kebbi, Kano, and Kaduna states, including university buildings, agro-allied factory structures, hotels, oil and gas filling stations, schools, plazas, supermarkets, pharmacies, warehouses, and residential buildings. Among the properties listed is a luxury duplex in Maitama, Abuja, reportedly acquired in December 2022 for 500 million naira and later valued at approximately 5.95 billion naira.
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Malami, who served as Attorney-General and Minister of Justice under former President Muhammadu Buhari from 2015 to 2023, moved quickly to contest the interim order. Through his counsel, Joseph Daudu, Senior Advocate of Nigeria, he filed a motion on January 27 accusing the EFCC of obtaining the interim order through suppression of material facts and misrepresentation. Malami specifically challenged the forfeiture of three properties listed as numbers 9, 18, and 48 in the EFCC’s application — a plot in Nasarawa GRA, Kano; a bedroom duplex with boys’ quarters on Yalinga Street, Wuse II, Abuja, acquired in October 2018 for 150 million naira; and the ADC Kadi Malami Foundation Building, purchased for 56 million naira.
Malami argued that the assets listed as numbers 9 and 18 had been duly declared in his asset declaration forms submitted to the Code of Conduct Bureau in 2019 and 2023 respectively, while property number 48 is held in trust for the estate of his late father, Kadi Malami. His counsel outlined Malami’s declared income sources, including salaries, allowances, board membership fees, business earnings, asset disposals, loans, traditional gifts, and proceeds of 509.88 million naira from the public presentation of a book he authored titled “Contemporary Issues on Nigerian Law and Practice: Thorny Terrains in Traversing the Nigerian Justice Sector.” Malami urged the court to dismiss the forfeiture proceedings entirely, warning that continuation risked “conflicting outcomes and duplicative litigation.” He argued the proceedings violated his constitutional rights to property, presumption of innocence, and family life.
The legal complexities in the case extend beyond the asset forfeiture suit. Malami, his wife, Bashir Asabe, and his son Abdulaziz are separately standing trial before Justice Nwite on alleged money laundering involving 8.7 billion naira. A court earlier granted Malami bail in the sum of 500 million naira with two sureties.
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The EFCC has not publicly responded to Malami’s allegation that the interim order was secured through misrepresentation. The commission’s position, as stated in its original ex parte application, is that the properties represent reasonably suspected proceeds of unlawful activity and should be placed under government control pending the conclusion of investigations. Malami has separately called on the EFCC chairman to recuse himself from investigations involving the former minister, claiming he is being targeted for political reasons related to his defection from the ruling APC to the ADC party. The commission has not responded publicly to that demand.
The case was originally handled during the Federal High Court’s vacation period by Justice Nwite before being transferred to Justice Egwatu following the conclusion of vacation duties. Thursday’s recusal means the matter must now go back to the Chief Judge a second time for reassignment to yet another judge, potentially further delaying substantive hearings.
No date has been fixed for reassignment or subsequent hearing following Thursday’s development. The Chief Judge of the Federal High Court has not issued a statement on the timeline for redistribution of the case.
