A former Attorney-General of the Federation (AGF), Abubakar Malami, has filed an application challenging the interim forfeiture of some of his properties seized by the Economic and Financial Crimes Commission (EFCC).

On January 6, Emema Nwite, judge of federal high court in Abuja ordered the interim forfeiture of 57 properties suspected to be proceeds of unlawful activities.

The properties were allegedly linked to Malami and two of his sons, Abdulaziz Malami and Abiru Rahman Malami.

Ruling on an ex parte motion filed by the anti-graft agency, Nwite held that the properties were reasonably suspected to have been acquired with proceeds of unlawful activities and should be temporarily forfeited to the federal government.

The judge also directed the EFCC to publish the interim forfeiture order in a national daily, inviting interested parties to appear before the court within 14 days to show cause why a final forfeiture order should not be made.

However, in a motion on notice, Malami, through his counsel led by Joseph Daudu, alleged that the EFCC obtained the interim order through suppression of material facts and misrepresentation.

Malami urged the court to dismiss the suit to prevent “conflicting outcomes duplicative litigation”, arguing that the proceeding violates his right to property, presumption of innocence and right to family life.

In the application marked FHC/ABJ/CS/20/2026 and filed on January 27, the former AGF specifically challenged the forfeiture of three properties listed as numbers 9, 18 and 48 in the EFCC’s ex parte application.

The properties include Plot 157, Lamido Crescent, Nasarawa GRA, Kano, purchased on July 31, 2019; a bedroom duplex with boys’ quarters at No. 12, Yalinga street, off Adetokunbo Ademola Crescent, Wuse II, Abuja, acquired in October 2018 for N150 million; and the ADC Kadi Malami Foundation Building, purchased for N56 million.

Malami is asking the court to set aside the interim forfeiture order as it affects the three properties and restrain the EFCC from interfering with his ownership, possession and control of them.

He also contends that one of the properties is held in trust for the estate of his late father, Kadi Malami.

In a 14-ground argument, Daudu said the properties were not linked by prima facie evidence to any unlawful activity or specific offence.

He said Malami declared the assets listed as numbers 9 and 18 in his asset declaration forms submitted to the Code of Conduct Bureau (CCB) in 2019 and 2023, while property number 48 is held in trust for the estate of his late father.

“These assets, their value and their root of title have been clearly stated and specifically demonstrated in the various asset declaration forms spanning from 2019 to 2023,” Daudu said.

The senior lawyer further listed Malami’s declared sources of income, including earnings from salaries, allowances, board memberships, disposal of assets, business turnover, loans to businesses, traditional gifts from friends and proceeds from the public presentation of a book authored by the former AGF.

He said Malami declared his source of income in his asset declaration filed with the CCB to include: “N374,630,900 million income from salaries, estacodes, severance allowance and others;

“Sitting allowances as a board/committee member of the Federal Judicial Service Commission, Federal Capital Territory Judicial Service Commission, Legal Practitioner Privileges Committee, and a high-powered presidential committee,” part of the document reads.

“N574,073, 000 as Income generated through disposed assets; N10,017,382,684 turnover from businesses; N2, 522,000, 000 being loans to businesses; N958,000,000 as a traditional gift from personal friends.”

Daudu also explained that a total sum of N509,880,000 was realised as income from the launch and public presentation of a book by Malami titled ‘Contemporary Issues on Nigerian Law and Practice, Thorny Terrains in Traversing the Nigerian Justice Sector: My Travails and Triumphs’.

“These streams of income, and the continuing profits generated from the businesses over the years, sufficiently show that the properties sought to be forfeited were acquired through legitimate and lawful means as stated in the asset declaration forms,” he said.

“The interim order was obtained ex parte by suppression of material facts and misrepresentation.

“That there is no prima facie evidence placed before this honourable court by the applicant/respondent (EFCC) to warrant the properties linked to the respondent/applicant (Malami) to be liable for forfeiture to the Federal Government of Nigeria.”

However, the matter could not proceed as it was not listed on the cause list for the day. The case had been handled during the court’s vacation, and the presiding judge, having concluded all vacation matters, returned the case file to the Chief Judge for reassignment.

It was also observed that several lawyers were present in court on January 27, having filed processes on behalf of their clients seeking to halt the proceedings for the final forfeiture of the assets.

Malami, who is facing a money laundering charge filed by EFCC, is also currently being detained at the Department of State Services (DSS) facility over a separate allegation bordering on terrorism financing.

Public officers receiving gifts is illegal – Lawyers

Lawyers have explained that public servants are not legally allowed to receive gifts or favours while in active service.

A former chairman of the Nigerian Bar Association (NBA), Garki Branch, Obioma Ezenwobodo Esq, said, “there are laws against a public office receiving gifts to dispense favour or that amounts to conflict of interest.”

He added that should the prosecutor prove these allegations against Malami, then he would have it hard defending himself.

The primary provisions making it unlawful for a public officer in Nigeria to accept gifts (particularly where they could influence official duties or constitute corruption) are found in the following key laws:

Similarly, Nnamdi Ahaaiwe Esq said that by the provision of the 1999 Constitution of the Federal Republic of Nigeria (as amended), Fifth Schedule, Part I – Code of Conduct for Public Officers, paragraph 6 states:

“A public officer shall not ask for or accept any property or benefits of any kind for himself or any other person on account of anything done or omitted to be done by him in the discharge of his duties.

“Receipt of gifts or benefits from commercial firms, business enterprises, or persons who have contracts with the government is presumed to contravene this unless proven otherwise.”

He added that there are limited exceptions that apply. “A public officer may only accept personal gifts or benefits from relatives or personal friends to the extent and on occasions recognised by custom. Gifts on public or ceremonial occasions are treated as gifts to the institution represented by the officer (not a personal contravention). Breaches are handled by the Code of Conduct Bureau and Tribunal.

“Corrupt Practices and Other Related Offences Act, 2000 (ICPC Act). This criminalizes corrupt acceptance of gifts or gratification (defined broadly to include money, gifts, loans, rewards, property, or advantages intended to influence duties). Key sections include:

“Section 8: Prohibits a public officer from corruptly asking for, receiving, or obtaining any gratification (including gifts) as a motive or reward for official acts/omissions or showing favour/disfavour. Penalty: up to seven years imprisonment.

“Section 18: Covers bribery of public officers, including accepting gratification as an inducement or reward for voting, performing official acts, granting contracts, or showing favour/disfavour. Penalty: five years imprisonment with hard labour.

“Section 19: A public officer who uses their office or position to gratify or confer any corrupt or unfair advantage on themselves, relations, associates, or others commits an offence (punishable by five years imprisonment without option of fine). The Act defines ‘gratification’ to explicitly include gifts and donations given or promised to influence performance or non-performance of duties.”

Civil Society Legislative Advocacy Centre (CISLAC) has called for a cap on the amount which a public servant can receive while in service.

Reacting to the Malami submission, the executive director of the organisation, Auwal Rafsanjani, said gifts and favours in the course work of a public servant is a corruption.

“There is a limit that a public servant can receive any gifts as it can be tantamount to corruption, so as a nation, we need to take a stand on that,” he said.

A Kano-based civil society activist, Comrade Akibu Hamisu, has described Malami’s claim as an attempt to legitimise alleged illicit enrichment.

Hamisu, who is the founder and executive officer of the Resource Management for Accountability and Development Centre, spoke on Sunday while reacting to Malami’s testimony before a court, where the former attorney general reportedly said he received gifts running into about N1 billion and earned as much as N300 million monthly as salary while in office.

According to Hamisu, the claims, if accurately reported, raise serious questions about accountability and compliance with Nigeria’s anti-corruption laws.

“It is surprising and disturbing for a former Attorney General of the Federation to appear before a court and make such claims,” he said. “To suggest that one earned about N300 million monthly as salary calls for scrutiny, because there is no known salary structure or remuneration framework under which such figures apply to public office holders.”

He argued that even when allowances are added, such figures do not align with the official remuneration approved for political office holders in Nigeria, stressing that “it is doubtful that even the President earns such an amount monthly.”

Hamisu also faulted the justification of large sums as “gifts,” noting that anti-corruption laws clearly define gifts received by public officials in the course of duty as potential acts of corruption.

“Any form of gift or incentive given to a public office holder while in service is prohibited under existing anti-corruption laws,” he said. “The question then is: who gave these gifts, on what basis, and why were such gifts not received before assuming public office?”

He added that the claims, rather than offering a defence, could further raise doubts about the former minister’s integrity and adherence to public service ethics.

Hamisu urged the court and relevant anti-graft agencies to thoroughly interrogate the issues raised, saying transparency and accountability are critical to restoring public confidence in governance.

Ministers earn N7.8m annually – RMFAC

The Revenue Mobilisation Allocation and Fiscal Commission (RMAFC), which sets salaries for Nigerian ministers, puts it at N7.8 million at the rate of N650,000 as of 2023 and 2024, “with basic N2, 026 million and substantial allowance (accommodation, furniture, vehicles, etc).” (Daily Trust)

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