. As ex-AGF asks court to vacate EFCC’s interim forfeiture order on 3 property
BLESSING OMALE, Abuja
The Department of State Services (DSS) on Tuesday arraigned the immediate past Attorney General of the Federation (AGF), Abubakar Malami, SAN, and his son, Abdulaziz, for aiding and abetting terrorism, as well as for the illegal possession of firearms.
Malami and his son were arraigned before Justice Joyce Abdulmalik of the Federal High Court, Abuja.
The former AGF and Minister of Justice was charged under Count One, which is “knowingly abetting terrorism financing by refusing to prosecute terrorism financiers whose casefiles were brought to your office as the Attorney-General of the Federation, for prosecution.”
The ex-AGF and his son were, however, jointly charged under counts 2 to 5, which is the unlawful possession of firearms.
They pleaded not guilty to all counts.
Thereafter, the prosecuting counsel, Dr C.S. EZE applied that both defendants be remanded in DSS custody pending commencement of trial.
The lead defence counsel, S.A. Alua, SAN made an oral application for the defendant’s bail.
The presiding judge, Justice J. Abdulmalik ruled that the court is a court of record and, as such, can only entertain a written application for bail.
The case was later adjourned till February 20 for hearing on bail application/ commencement of trial.
The ex-AGF and his son are charged in counts two to five, with unlawful, possession of a Sturm Magnum 17-0101 firearm, 16 Redstar AAA 5720 live rounds of cartridges and 27 expended Redstar AAA 5’20 cartridges, contrary to and punishable under relevant Sections of Terrorism (Prevention and Prohibition) Act, 2022 and Firearms Act, 2004.
Counts in the charge reads:
● That you, Abubakar Malami of Gesse Phase II Area, Birnin Kebbi LGA, Kebbi State, Adult, male, sometime in November, 2022 at Federal Ministry of Justice, Maitama, Abuja, within the jurisdiction of this honourable court, did knowingly abet terrorism financing by refusing to prosecute terrorism financiers whose casefiles were brought to your office as the Attorney-General of the Federation, for prosecution, and thereby committed an offence contrary to and punishable under Section 26 (2) of Terrorism (Prevention and Prohibition) Act, 2022.
● Abubakar Malami and Abdulaziz Abubakar Malami of Gesse Phase II, Area, Birnin Kebbi LGA, Kebbi State, adults, males, sometime in December, 2025, in your res:dence at Gesse Phase II Area, Birnin Kebbi LGA, Kebbi State, within the jurisdiction of this Honourable Court, did engage in a conduct in preparation to commit act of terrorism by having in your possession and without licence, a Sturm Magnum 17-0101 firearm, Sixteen (16) Redstar AAA 5°20 live rounds of Cartridges and Twenty-Seven (27) expended Redstar AAA 5’20 Cartridges, and thereby committed an offence contrary to and punishable under Section 29 of Terrorism (Prevention and Prohibition) Act, 2022 .
● That you, Abubakar Malami and Abdulaziz Abubakar Malami, of Gesse Phase II Area, Birnin Kebbi LGA, Kebbi State, adults, males, sometime in December, 2025, in your residence at Gesse Phase II Area, Birnin Kebbi LGA, Kebbi State, within the jurisdiction of this honourable court, without licence, did have in your possession a Sturm Magnum 17-0101 firearm, and thereby committed an offence contrary to Section 3 of Firearms Act 2004 and punishable under Section 27 (1) of the same Act.
● That you, Abubakar Malami and Abdulaziz Abubakar Malami, of Gesse Phase II Area, Birnin Kebbi LGA, Kebbi State, adults, males, sometime in December, 2025, in your residence at Gesse Phase II Area, Birnin Kebbi LGA, Kebbi State, within the jurisdiction of this honourable court, without licence, did have in your possession sixteen (16) Redstar AAA 5’20 live rounds of cartridges, and thereby committed an offence contrary to Section 8(1) of Firearms Act 2004 and punishable under Section 27 (1) of the same Act. COUNT FIVE
● That you, Abubakar Malami and Abdulaziz Abubakar Malami, of Gesse Phase II Area, Birnin Kebbi LGA, Kebbi State, adults, males, sometime in December, 2025, in your residence at Gesse Phase II Area, Birnin Kebbi LGA, Kebbi State, within the jurisdiction of this honourable court, without licence, did have in your possession twenty-seven (27) expended Redstar AAA 5’20 cartridges, and thereby committed an offence contrary to Section 8(1) of Firearms Act 2004 and punishable under Section 27 (1) of the same Act.
Meanwhile, Former Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN, has asked the Federal High Court in Abuja to set aside an interim forfeiture order placed on three properties among the 57 assets recently listed by the Economic and Financial Crimes Commission (EFCC) for forfeiture to the Federal Government.
Malami, who served under the administration of former President Muhammadu Buhari, is specifically challenging the inclusion of properties listed as Nos. 9, 18 and 48 in the ex-parte motion filed by the EFCC and granted by the court on January 6, 2026.
The three properties he wants discharged from the forfeiture order are: Plot 157, Lamido Crescent, Nasarawa GRA, Kano, listed as No. 9 and reportedly purchased on July 31, 2019, with no purchase price stated in the EFCC’s schedule; a bedroom duplex with boys’ quarters at No. 12, Yalinga Street, off Adetokunbo Ademola Crescent, Wuse II, Abuja, acquired in October 2018 for ₦150 million and listed as No. 18; and the ADC Kadi Malami Foundation Building, purchased for ₦56 million and listed as No. 48.
Justice Emeka Nwite, who sat as vacation judge, had on January 6 ordered the temporary forfeiture of 57 properties suspected to be proceeds of unlawful activities allegedly linked to Malami.
The order followed an ex-parte application moved by the EFCC’s counsel, Ekele Iheanacho, SAN.
The court also directed the anti-corruption agency to publish the interim forfeiture order in a national newspaper, inviting interested persons to show cause within 14 days why the properties should not be permanently forfeited to the Federal Government.
However, Malami, in a motion on notice filed through a legal team led by Joseph Daudu, SAN, accused the EFCC of obtaining the interim order through suppression of material facts and misrepresentation.
He urged the court to dismiss the forfeiture proceedings, arguing that they amount to an abuse of court process capable of leading to “conflicting outcomes and duplicative litigation.”
The former AGF also contended that the action infringes on his fundamental right to property, his presumption of innocence, and his right to live peacefully with his family.
In the application, Malami sought two principal reliefs.
The first is an order vacating, setting aside or discharging the interim forfeiture orders made on January 6, 2026, as they relate to properties listed as Nos. 9, 18 and 48, on the grounds that the assets were duly declared in his asset declaration forms throughout his tenure as a public officer.
He further argued that property No. 48 is held in trust for the estate of his late father, Kadi Malami of Nasarawa.
The second relief seeks an order restraining the EFCC, its agents or proxies from interfering with the said properties or disturbing his ownership, possession and control of them in the course of enforcing the interim forfeiture order.
In a 14-ground argument in support of the motion, Daudu maintained that the three properties were not linked by any prima facie evidence to unlawful activity or to any specific criminal offence.
He said Malami had duly declared properties Nos. 9 and 18 in his asset declaration forms submitted to the Code of Conduct Bureau (CCB) in 2019 and 2023 respectively, while property No. 48 was declared as a trust asset belonging to the estate of his late father.
According to Daudu, the assets, their values and their roots of title were clearly disclosed in Malami’s asset declaration forms spanning 2019 to 2023, which he argued constitutes prima facie proof of their legitimacy.
“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 told the court.
“The declaration above is prima facie evidence of the legitimacy of the acquisition and ownership of the properties,” he added.
The court is expected to fix a date to hear arguments from both parties on the motion.
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