Judge withdraws from EFCC’s cases against Malami

Judge Obiora Egwuatu of the Federal High Court in Abuja, on Thursday, withdrew from the two cases filed by the Economic and Financial Crimes Commission (EFCC) against former Attorney-General of the Federation and Minister of Justice Abubakar Malami.

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Mr Egwuatu, who was recently reassigned the cases by Chief Judge John Tsoho, said he opted to quit the cases for personal reasons to better guarantee the interest of justice.

The News Agency of Nigeria (NAN) reports that the two cases are the forfeiture proceedings involving 57 land assets worth N212.8 billion traced to Mr Malami and the N8.7 billion money laundering case against Mr Malami, his wife, Asabe Bashir, and son, Abdulaziz Malami.

Mr Egwuatu announced his withdrawal from the cases shortly after the asset forfeiture suit was called for mention on Thursday.

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At the scheduled hearing, EFCC’s lawyer, Ekele Iheanacho,a Senior Advocate of Nigeria (SAN), told the court that the commission received a letter from Mr Malami’s lawyer, Joseph Daudu, also a SAN, seeking an adjournment of the case until Monday, 16 February.

He said Mr Daudu’s letter sought the adjournment to appear before the Court of Appeal for another case.

However, in a ruling thereafter, Mr Egwuatu announced his recusal from the case.

“Gentlemen, for personal reasons and for better interest of justice, I will recuse myself from this case and in the other sister case,” he said.

The judge said the case files would be remitted back to the chief judge accordingly.

“The instant charge CR/700/2025: FRN vs Abubakar Malami (SAN), and two others shall be filed back to the Chief Judge for further directives,” Mr Egwuatu said.

NAN observed that some lawyers representing some parties with interest in some of the assets at stake which are under temporary forfeiture to the federal government, were in court.

Kalu Kalu Agu, announced appearance for Muktaka Usman Junju and Realsmart Tech Nigeria Ltd; D. O. Anyebe represented Real Edge Agro Services Ltd, while M.S. Ishaq appeared for his clients who he did not mention in open court.

Case transfers

NAN reports that the cases were initially assigned to Emeka Nwite, who sat as vacation judge during the Christmas/New Year break.

On 6 January, Mr Nwite issued an order of interim forfeiture of the 57 assets to the federal government at the instance of the EFCC, which alleged that the assets were suspected to be proceeds of unlawful activities linked to Mr Malami.

The interim forfeiture was ordered to be in place while anyone with legitimate claim to the assets comes forward with proof, to enable the court to decide whether or not to order a permanent forfeiture of the assets to the federal government.

The assets, valued at N212.8 billion are located in Abuja, Kebbi, Kano and Kaduna States.

Also EFCC arraigned Mr Malami alongside his wife and son before Mr Nwite on 30 December 2025 on 16 counts of money laundering involving N8.7 billion

The defendants pleaded not guilty to all 16 counts.

While Malami and son were remanded at Kuje Correctional Centre, the former Minister’s wife, Ms Asabe, was remanded at Suleja Correctional Centre before the court granted each of them bail in the sum of N500 million on 7 January.

But, on the court’s resumption from the break, the chief judge re-assigned the two cases to the new judge, Mr Egwuatu.

Mr Egwuatu then fixed 12 February (today) for the forfeiture proceedings and 16 February for the money laundering case. Today’s ruling automatically cancels the proceedings scheduled for 16 February.

What has happened so far

But Malami had since challenged the anti-graft agency’s permanent forfeiture of assets application.

In a motion on notice filed on 27 January, Mr Malami, through his team of lawyers led by Mr Daudu, alleged that the anti-corruption agency got the interim order by suppression of material facts and misrepresentation.

The former AGF warned against what he described as “conflicting outcomes” and “duplicative litigation.” He argued that the action violated his rights to property, presumption of innocence and family life.

READ ALSO: SSS arraigns ex-AGF Malami, son on terrorism financing, firearms charges

In the application urging the court to lift the interim forfeiture order and dismiss EFCC’s application for permanent forfeiture of the affected assets, Mr Malami listed the values of six sources of income, which by PREMIUM TIMES’ calculation were summed up to about N14.96 billion (N15 billion).

More applicants had also joined Malami in urging the court to vacate the interim order of forfeiture.

Meanwhile, Mr Malami and his son, Abdulaziz, were, however, rearrested by the State Security Service (SSS) over allegations of terrorism financing and illegal possession of firearms.

The SSS subsequently arraigned Mr Malami and his son, Abdulaziz, on 3 February, before Judge Joyce Abdulmalik of the Federal High Court in Abuja on terrorism financing and firearms charges.