Judge Withdraws from EFCC Cases Against Ex-AGF Malami

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

Justice Egwuatu, who was recently assigned the matters by the Chief Judge of the Federal High Court, Justice John Tsoho, said his decision to step aside was based on personal reasons and in the interest of justice. He ordered that the case files be returned to the Chief Judge for reassignment to another judge.

The development occurred shortly after one of the cases—relating to the alleged forfeiture of 57 properties linked to Malami—was called up for mention. The cases were previously handled by Justice Emeka Nwite, who presided as vacation judge during the Christmas court recess.

The EFCC is prosecuting Malami, alongside his son Abdulaziz and one of his wives, Hajia Bashir Asabe, on a 16-count charge bordering on alleged money laundering involving about ₦9 billion. The anti-graft agency alleged that the defendants acquired multiple properties across Abuja, Kebbi and Kano states to conceal proceeds of crime.

Earlier, on January 6, Justice Nwite granted an interim forfeiture order for the 57 properties after an ex parte application by the EFCC. The court also directed the commission to publish notices inviting interested parties to show cause why the assets should not be permanently forfeited to the Federal Government.

According to the EFCC, the defendants allegedly used a company—Metropolitan Auto Tech Limited—to conceal over ₦1.01 billion in a Sterling Bank account between July 2022 and June 2025. They were also accused of channeling about ₦600 million through the same firm between September 2020 and February 2021.

The commission further alleged that ₦600 million was retained in March 2021 as cash collateral for a ₦500 million loan obtained by another firm, Rayhaan Hotels Ltd, despite knowing the funds were proceeds of crime. The alleged actions were said to contravene provisions of the Money Laundering (Prohibition) Act, 2011.

Malami and his co-defendants have denied the allegations. Through his counsel, Joseph Daudu (SAN), the former minister filed a motion asking the court to set aside the interim forfeiture order on three of the listed properties and restrain the EFCC from interfering with them.

He told the court that one of the assets was inherited from his late father, while the others were acquired before he became Attorney-General and were duly declared in his asset declaration forms submitted to the Code of Conduct Bureau.

Malami listed his sources of income as including earnings from salaries and allowances, proceeds from disposed assets, business turnover, loans to businesses, and monetary gifts from associates. He argued that these disclosed financial streams demonstrated that the properties were lawfully acquired.

He also accused the EFCC of suppressing material facts and inflating asset values to obtain the forfeiture order, describing the proceedings as an infringement on his right to property and presumption of innocence.

Among witnesses expected to testify in the case are investigators, bank officials, real estate agents and Bureau de Change operators.