Appeal Court Reserves Ruling on Abubakar Malami Property Forfeiture Appeal
The Court of Appeal in Abuja has reserved its ruling on the Abubakar Malami property forfeiture appeal, as the former Attorney General of the Federation, Abubakar, has challenged an interim order obtained by the Economic and Financial Crimes Commission over 57 properties allegedly linked to him. A three-member panel of the appellate court, led by Justice Abba Mohammed, fixed no date for the ruling but stated that parties would be notified when it is ready.
The EFCC had secured an interim forfeiture order against the 57 properties earlier this year, alleging they were traced to unlawful activities. Malami, through his counsel, Joseph Dauda (SAN), is seeking leave to appeal the ruling delivered by Justice Joyce Abdul Malik of the Federal High Court, arising from an application filed by the EFCC seeking the final forfeiture of his properties.
Arguing the application before the appellate court, Dauda told the panel that the motion sought an extension of time to seek leave to appeal, leave to appeal itself, and an extension of time within which to file the substantive appeal. He contended that procedural requirements, including the attachment of the ruling being challenged, had been properly addressed, and urged the court to grant the application as filed.
In opposition, EFCC counsel Jibril Oku Tepa (SAN) described the application as unnecessary. He argued that the matter fell within the ambit of the fast track practice direction because it related to corruption and corrupt practices, adding that it concerned property fraudulently acquired while Malam served as AGF. He urged the appellate court to reject the Malami property forfeiture appeal bid and allow the substantive forfeiture proceedings at the Federal High Court to continue without further delay.
Oku Tepa also drew the court’s attention to the circumstances surrounding the reassignment of the case at the Federal High Court, noting that the initial ex parte application by the EFCC was heard by Justice Emeka Nwite, while the ruling being challenged was later delivered by Justice Abdul Malik after the matter changed hands.
Malam’s legal team had argued that proceedings should recommence from the beginning, given that the original ex parte order by Justice Niter had elapsed.
However, Justice Abdul Malik had previously ruled that it was Justice Nita’s ex parte order that prompted the interested parties to approach the court, making the de novo principle inapplicable.
Separately, Judge Abdul Malik had fixed 26 May for “definite” hearing of the asset forfeiture case, warning lawyers against conduct calculated to stall the proceedings and threatening to invoke the court’s contempt powers if necessary.
After hearing submissions from both sides, the Court of Appeal reserved ruling on the Malami property forfeiture appeal, with no return date announced.
The case continues to draw significant public attention as one of the most high-profile anti-corruption proceedings in Nigeria in 2026.
