Judge Quits Malami’s N212.8bn Assets Forfeiture Case

JUSTICE Emeka Nwite of a Federal High Court in Abuja has decided to hand-off the asset forfeiture case involving 57 properties seized from former attorney general of the Federation and minister of Justice, Abubakar Malami.
Justice Nwite, who on January 7, issued an interim forfeiture order, announced on Tuesday, January 27, that he had returned the case file to the Chief Judge of the Federal High Court, Justice John Tsoho, who is expected to assign a new Judge to conclude the proceedings.
The Economic and Financial Crimes Commission (EFCC) obtained the order of interim forfeiture of the N212.8 billion worth of assets, alleging that the properties, located in Abuja, Kano and Birnin-Kebbi were acquired with proceeds of Malami’s unlawful activities.
The court subsequently adjourned proceedings to January 27 for the issuance of final forfeiture order.
However, the case was not among the 24 listed for hearing on Tuesday, even as lawyers who had filed processes to oppose the issuance of final forfeiture of the assets were present in court.
EFCC’s Counsel, Jibrin Okutepa (SAN), was also present in court.
According to the News Agency of Nigeria (NAN), when Justice Nwite was about to begin sitting, Okutepa reminded him that the case was scheduled for the day for a report of compliance, saying: “My lord, we have a matter that was adjourned on record to today, but not on the cause list.
“When I confirmed from the Registrar, they said it was a vacation matter.”
Okutepa urged the Judge to conclude proceedings on the matter.
But Justice Nwite said it was the court’s tradition that all matters assigned to a Judge during any vacation, like the last Christmas/New Year break, must be returned to the Chief Judge for re-assignment as soon as the regular court sessions resumed.
He explained that the Chief Judge will reassign the matter substantively to any Judge of his choice, adding: “I think you will have to pursue this administratively so that you can bring this (the case) to his (the Chief Judge’s) notice to fast-track the process.”
He assured the Counsel that the EFCC would be promptly informed should the Chief Judge choose to reassign the case to his court.
While ordering an interim forfeiture of the 57 properties, Justice Nwite directed the publication of the order in any national newspaper, so that any person(s) or body(ies) who might have interest in the property could show cause, within 14 days of the publication, why a final order of forfeiture to the Federal Government should not be made.
Tuesday’s proceeding was to receive a report of compliance, to be followed by a hearing to determine if an order of final forfeiture.
The may apply to the money laundering trial of Malami, one of his wives, Asabe Bashir, and son, Abdulaziz, which was also assigned to Justice Nwite during the court’s last vacation.
On Saturday, January 24, Malami had, through his media aide, raised alarm that his continued detention by the Department of State Services (DSS) was hampering his defence in both the money laundering and assets forfeiture cases.
Recall that the former minister was arrested by DSS on January 19 over terrorism allegations as he was leaving the correctional centre in Kuje after meeting the set bail conditions in the money laundering trial.
He stated in the statement posted on his Facebook page that DSS was denying him access to his lawyers while in its custody, alleging that he was detained for five days without access to his lawyers or family members and was only allowed to meet his legal team on Friday, Januaey 23, after prolonged isolation and delays.