Malami Challenges EFCC’s Seizure of N213bn Properties, Cites N15bn Legitimate Earnings from Salaries, Gifts, Book Launch

In a dramatic courtroom twist, former Attorney-General of the Federation (AGF) and Minister of Justice, Abubakar Malami (SAN), has dragged the Economic and Financial Crimes Commission (EFCC) before the Federal High Court in Abuja, seeking to overturn the interim forfeiture order on three of his properties seized by the anti-graft agency. Malami, who is currently detained by the Department of State Services (DSS) over separate allegations of terrorism financing, argued that the properties were acquired through legitimate means and that the EFCC obtained the order by suppressing material facts.

As earlier reported by NaijaChoice News, Justice Emeka Nwite of the Federal High Court had on January 6, 2026, granted an ex parte motion filed by the EFCC, ordering the interim forfeiture of 57 properties valued at approximately N213.2 billion. These assets, located in Abuja, Kano, Kebbi, and Kaduna states, were allegedly linked to Malami and his two sons, Abdulaziz Malami and Abiru Rahman Malami, and suspected to be proceeds of unlawful activities. The judge directed the EFCC to publish the order in a national daily, giving interested parties 14 days to show cause why the properties should not be permanently forfeited to the Federal Government.

In his motion on notice filed on January 27, 2026, and marked FHC/ABJ/CS/20/2026, Malami, through his lead counsel Joseph Daudu (SAN), specifically challenged three properties: Plot 157, Lamido Crescent, Nasarawa GRA, Kano (purchased 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). He contended that one of the properties is held in trust for the estate of his late father, Kadi Malami, and urged the court to dismiss the suit to avoid “conflicting outcomes and duplicative litigation,” claiming it violates his rights to property, presumption of innocence, and family life.

Daudu, in a 14-ground argument, insisted there was no prima facie evidence linking the properties to any unlawful activity. He revealed that Malami had declared two of the assets (numbers 9 and 18 in the EFCC’s list) in his asset declaration forms submitted to the Code of Conduct Bureau (CCB) in 2019 and 2023. “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 stated.

To buttress his claims, Malami detailed his sources of income, totaling over N15 billion, including:

• N374,630,900 from salaries, estacodes, severance allowances, and others;
• Sitting allowances as a board/committee member of bodies like the Federal Judicial Service Commission and Legal Practitioner Privileges Committee;
• N574,073,000 from disposed assets;
• N10,017,382,684 from business turnover;
• N2,522,000,000 from loans to businesses;
• N958,000,000 as traditional gifts from personal friends;
• N509,880,000 from the launch and public presentation of his book, 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,” Daudu argued. He accused the EFCC of obtaining the interim order through “suppression of material facts and misrepresentation,” adding that no evidence warranted the forfeiture.

However, the hearing could not proceed on January 27 as the matter was not listed on the cause list. Sources indicate that Justice Nwite, having handled it during the court’s vacation period, returned the file to the Chief Judge for reassignment after concluding vacation matters. Several lawyers were present in court, having filed processes to halt the final forfeiture proceedings.

Malami’s troubles extend beyond this case. He, along with his wife Bashir Asabe and son Abubakar Abdulaziz, faces an N8.7 billion money laundering charge before the same Justice Nwite. Additionally, he remains in DSS custody over terrorism financing allegations, with his media aide alleging that the agency is blocking access to his legal team, describing it as an “unlawful detention” and violation of his right to fair hearing.

Legal experts have weighed in on Malami’s claims, particularly his receipt of gifts. Obioma Ezenwobodo Esq, former chairman of the Nigerian Bar Association (NBA) Garki Branch, emphasized that public officers are prohibited from receiving gifts that could amount to conflict of interest. “There are laws against a public officer receiving gifts to dispense favour,” he said, warning that if proven, Malami would face difficulties defending himself.

Citing the 1999 Constitution (Fifth Schedule, Part I, Paragraph 6), Nnamdi Ahaaiwe Esq explained: “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.” He noted exceptions for gifts from relatives or on ceremonial occasions but stressed that receipts from commercial firms or those with government contracts are presumed corrupt unless proven otherwise. The Independent Corrupt Practices and Other Related Offences Commission (ICPC) Act, Sections 8, 18, and 19, further criminalize such acts, with penalties up to seven years imprisonment.

Civil society groups have also reacted strongly. Auwal Rafsanjani, Executive Director of the Civil Society Legislative Advocacy Centre (CISLAC), called for a cap on gifts receivable by public servants, labeling such practices as 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.

Kano-based activist Comrade Akibu Hamisu, founder of the Resource Management for Accountability and Development Centre, dismissed Malami’s claims as an “attempt to legitimise alleged illicit enrichment.” He questioned the N300 million monthly salary figure, noting it doesn’t align with official remuneration. The Revenue Mobilisation Allocation and Fiscal Commission (RMAFC) clarified that ministers earn N7.8 million annually, at N650,000 monthly as of 2023-2024, including basic salary of N2.026 million and allowances for accommodation, furniture, and vehicles.

Public reactions on social media platforms like X (formerly Twitter) reflect widespread skepticism. Users have questioned how Malami acquired 54 properties post-AGF tenure, with comments like “So he acquired 54 properties after becoming an AGF right? Kontinu!” and calls for scrutiny of his earnings.

The case underscores ongoing debates on accountability for public officers in Nigeria, with anti-graft agencies intensifying probes into high-profile figures.