Chief Judge John Tsoho of the Federal High Court is expected to assign a new judge to the asset forfeiture case concerning 57 properties seized from former Attorney-General of the Federation and Minister of Justice, Abubakar Malami.
The Economic and Financial Crimes Commission (EFCC) obtained an order of interim forfeiture of the N212.8 billion worth of assets from the court on 7 January, alleging that the properties located in Abuja, Kano and Birnin-Kebbi, Kebbi State, were acquired with proceeds of Mr Malami’s unlawful activities.
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Emeka Nwite, the judge who issued the interim forfeiture order, announced on Tuesday that he had returned the case file to the Chief Judge for reassignment to a new judge expected to conclude the proceedings.
The News Agency of Nigeria (NAN) reports that Mr Nwite ordered an interim forfeiture of the 57 properties on 6 January.
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He also directed in the ruling the publication of the interim order of forfeiture in any national daily so that any person(s) or body (ies) who might have interest in the property could show cause, within 14 days of the publication, why a final order of forfeiture to the Federal Government should not be made.
The judge then adjourned proceedings until 27 January (Tuesday) for a report of compliance. The report of compliance was meant to be followed by a hearing to determine if an order of final forfeiture of the assets cumulatively valued at N212.8 billion.
However, the matter was not among the 24 cases listed for hearing on Tuesday, although some lawyers who had filed processes to oppose issuance of final forfeiture of the assets were present in court.
The lawyer to the Economic and Financial Crimes Commission (EFCC), Jibrin Okutepa, a SAN, was also present in court.
Following the tradition
When the judge, Mr Nwite was about to begin sitting, Mr Okutepa reminded him that the case was scheduled for Tuesday for a report of compliance.
“My lord, we have a matter that was adjourned on record to today but not on the cause list.
“When I confirmed from the registrar, they said it was a vacation matter,” he said.
Mr Okutepa urged the judge to conclude proceedings on the matter.
But Mr Nwite told the lawyer that it was the court’s tradition that all matters assigned to a judge during any vacation like the last Christmas/New Year break must be returned to the Chief Judge for reassignment as soon as the regular court sessions resumed.
According to him, the chief judge will reassign the matter substantively to any judge of his choice.
“I think you will have to pursue this administratively so that you can bring this (the case) to his (the Chief Judge’s) notice to fast-track the process,” Mr Nwite said.
The judge assured the lawyer that the commission would be promptly informed should the Chief Judge choose to reassign the case to his court.
Mr Malami, who is being detained by the State Security Service (SSS), faces separate N8.7 billion money laundering charges before Judge Nwite.
The money laundering trial in which Mr Malami is jointly prosecuted alongside one of his wives, Asabe Bashir, and son, Abdulaziz Malami, was also assigned to Mr Nwite during the court’s last vacation.
The EFCC arraigned the former AGF and his co-defendants on 30 December 2025. On 7 January, Mr Nwite granted the three defendants bail and fixed 17 February for commencement of trial.
The money laundering case is likely to toe the same path as the forfeiture proceedings. Earlier this month, the judge quitted an equally sensitive high-profile criminal case he took up during the vacation, returning the casefile to the chief judge for reassignment to a new judge.
Malami’s alarm
On Saturday, ahead of Tuesday’s hearing, Mr Malami raised the alarm through his media aide that his continued detention by the SSS was hampering his defence in both the money laundering and assets forfeiture cases.
Mr Malami, who was rearrested by the SSS on 19 January as he was leaving the correctional centre in Kuje after meeting the bail conditions set for him in the money laundering trial, said in the statement posted on his Facebook page that the secret police were denying him access to his lawyers in custody.
The former AGF, through his media aide, Mohammed Doka, said the “coordinated actions” by state security agencies were aimed at frustrating his constitutional right to a fair hearing and effective legal defence.
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The statement alleged that he was detained for five days without access to his lawyers or family members and was only allowed to meet his legal team on Friday after what it described as prolonged isolation and delays.
According to Mr Doka, the detention occurred at a critical time when Mr Malami was expected to prepare and open his defence in an interim forfeiture proceeding filed by the EFCC before the Federal High Court.
The statement explained that denying him access to legal counsel during that period impaired his ability to consult with lawyers, prepare court filings and issue instructions, thereby affecting due process.
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