By By Elizabeth Ugbo
Justice Obiora Egwuatu of the Federal High Court in Abuja on Thursday recused himself from the money-laundering and asset forfeiture cases filed by the Economic and Financial Crimes Commission (EFCC) against former Attorney-General of the Federation and Minister of Justice, Abubakar Malami, citing personal reasons and the interest of justice.
Justice Egwuatu, who was recently assigned the matter by the Chief Judge of the Federal High Court, Justice John Tsoho, made the announcement shortly after the civil suit seeking the forfeiture of 57 properties allegedly linked to Malami was called up in court.
The cases were previously handled by Justice Emeka Nwite, who presided over them as a vacation judge during the Christmas break. Justice Egwuatu also withdrew from a separate 16-count money laundering charge filed by the EFCC against the former AGF.
Addressing lawyers in court, he stated that he could not proceed with the matters for personal reasons and directed that the case files be returned to the Chief Judge for reassignment to another judge.
Malami, who served as Justice Minister from November 11, 2015, to May 29, 2023, under former President Muhammadu Buhari, is facing allegations of laundering about N9 billion. He was arraigned alongside his son, Abdulaziz, and one of his wives, Hajia Bashir Asabe.
According to the EFCC, Malami allegedly acquired choice properties in Abuja, Kebbi and Kano in a bid to conceal proceeds of crime. On January 6, while sitting as a vacation judge, Justice Nwite granted an interim order forfeiting 57 properties traced to the former AGF. He also directed the anti-graft agency to publish a notice inviting interested parties to show cause why the properties should not be permanently forfeited to the Federal Government.
Following the end of the vacation period, the case was reassigned to Justice Egwuatu for continuation before his withdrawal.
The EFCC further alleged that between July 2022 and June 2025, Malami and his co-defendants used a company, Metropolitan Auto Tech Limited, to conceal over N1.01 billion in a Sterling Bank account. The commission also accused them of siphoning about N600 million between September 2020 and February 2021 through the same firm.
In addition, the agency claimed that the defendants retained N600 million in March 2021 as cash collateral for a N500 million loan obtained by Rayhaan Hotels Ltd. from Sterling Bank, despite allegedly knowing the funds were proceeds of crime. The EFCC said the actions contravened provisions of the Money Laundering (Prohibition) Act, 2011.
Investigators, bank officials, real estate agents and Bureau de Change operators are among witnesses expected to testify in the trial.
The defendants have denied all allegations. Malami, through his counsel, Joseph Daudu, SAN, filed a motion seeking to set aside the interim forfeiture order in respect of three of the 57 properties.
He argued that one of the properties was inherited from his late father, while the others were acquired before he assumed office as AGF. The properties include Plot 157, Lamido Crescent, 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, reportedly bought in October 2018 for N150 million; and the ADC Kadi Malami Foundation Building, acquired for N56 million.
Malami is asking the court to vacate the interim forfeiture order as it relates to the three properties, which were listed as numbers 9, 18 and 48 in the schedule attached to the January 6 order. He also seeks an order restraining the EFCC from interfering with his ownership, possession and control of the properties pending the determination of the suit.
