Justice Joyce Abdulmalik, in a judgment delivered on Wednesday, held that the Economic and Financial Crimes Commission (EFCC) established the reasonable suspicion required under the law to justify the forfeiture.
The court ruled that Malami, his family members and companies linked to the assets failed to disprove the EFCC’s claim that the properties were acquired with proceeds of unlawful activities.
“The issue before the court is not who owns the property, but how legitimate are the funds used to acquire the property,” Justice Abdulmalik said, adding that the respondents failed to dislodge the commission’s allegations.
The judge granted the EFCC’s application for final forfeiture under Section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act but discharged the interim forfeiture order on some of the properties.
The EFCC had in January sought the permanent forfeiture of 57 properties valued at about ₦212.8 billion, alleging they were proceeds of unlawful activities. While Malami and other respondents maintained the assets were lawfully acquired and challenged the commission’s evidence, the court ultimately upheld the anti-graft agency’s case and ordered the forfeiture of 48 properties.
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