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Why I withdrew from EFCC cases against Malami – Justice Egwuatu

Justice Obiora Egwuatu 2

Justice Obiora Egwuatu of the Federal High Court in Abuja on Thursday withdrew from corrupti0n cases filed by the Economic and Financial Crimes Commission (EFCC) against Abubakar Malami, former attorney-general of the federation and minister of justice.

The judge also stepped aside from a related matter involving 57 high-value properties allegedly linked to Malami, which had earlier been ordered temporarily forfeited to the Federal Government.

Justice Egwuatu, who recently received both case files following reassignment by the Chief Judge, explained that he could not proceed with the matters due to “personal reasons.”

He added that, in the interest of justice, the files would be returned to the Chief Judge for reassignment to another judge.

Malami, who served as Justice Minister from November 11, 2015, to May 29, 2023, under former President Muhammadu Buhari, is facing a 16-count charge bordering on alleged money laundering.

He was arraigned alongside his son, Abdulaziz Malami, and one of his wives, Hajia Bashir Asabe. The EFCC alleged that the defendants laundered approximately N9 billion in public funds.

According to the anti-graft agency, Malami allegedly used various fronts to conceal proceeds of crime by acquiring choice properties in Abuja, Kebbi, Kano, and other locations.

On January 6, Justice Emeka Nwite, sitting as a vacation judge, granted an ex parte application by the EFCC and ordered the interim forfeiture of 57 properties said to have been traced to the former AGF.

Justice Nwite further directed the EFCC to publish a notice inviting any interested parties to appear before the court and show cause why the properties should not be permanently forfeited to the Federal Government.

Following the conclusion of the court’s vacation period, the cases were reassigned to Justice Egwuatu for continuation of proceedings.

However, shortly after the matter relating to the 57 properties was called on Thursday, Justice Egwuatu announced his decision to withdraw from both cases.

The EFCC had alleged that between July 2022 and June 2025, Malami and his co-defendants used a company, Metropolitan Auto Tech Limited, to conceal over N1.01 billion in a Sterling Bank account.

The agency further claimed that the same company was used to siphon about N600 million between September 2020 and February 2021.

Additionally, the EFCC alleged that in March 2021, the defendants retained N600 million as cash collateral for a N500 million loan obtained by Rayhaan Hotels Ltd from Sterling Bank, despite allegedly knowing the funds were proceeds of unlawful activity.

The Commission maintained that the actions contravened provisions of the Money Laundering (Prohibition) Act, 2011. It listed investigators, bank officials, real estate agents, and Bureau de Change operators among those expected to testify.

The defendants have denied all allegations.

Malami also filed a motion seeking to explain the source of his wealth and requesting the release of three of the 57 forfeited properties.

Through his legal team led by Joseph Daudu, SAN, Malami sought an order vacating the interim forfeiture of the three properties, arguing that they were duly declared in his asset declaration forms during his tenure as a public officer.

He further maintained that property number 48 is held in trust for the estate of his late father, Kadi Malami.

He also asked the court to restrain the EFCC from interfering with his ownership, possession, and control of the properties while the matter is being determined.

He further outlined his sources of income previously declared to the CCB, including N374,630,900 earned from salaries, estacodes, severance allowances, and other entitlements.