Hon Justice Obiora Egwuatu of the Federal High Court, Abuja, yesterday, recused himself from the money laundering charge the Economic and Financial Crimes Commission (EFCC) filed against the immediate past Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN).
The trial judge equally withdrew from a second case involving 57 choice properties, which the anti-graft agency said were linked to the ex-AGF, and which the court had earlier ordered temporarily forfeited to the Federal Government.
According to Justice Egwuatu, to whom the Chief Judge recently assigned both cases, he could not proceed with the matters owing to “personal reasons.”
He maintained that, in the interest of justice, the case files would be returned to the CJ for reassignment to another judge for adjudication.
Malami is facing a 16-count money laundering charge. He was arraigned before the court, alongside his son, Abdulaziz, and one of his wives, Hajia Bashir Asabe.
The defendants were alleged to have laundered public funds totalling about N9 billion.
According to the EFCC, the defendant, in a bid to hide his proceeds of crime, acquired choice properties in various cities and states, including Abuja, Kebbi, and Kano.
Following an ex parte application brought before the court by the commission, Justice Emeka Nwite, while sitting as a vacation judge on January 6, ordered the interim forfeiture of the 57 properties allegedly traced to the former AGF.
Justice Nwite directed the EFCC to publish a notice inviting anyone with an interest in any of the properties to appear before the court and show cause why they should not be forfeited to the government.
However, upon the expiration of the vacation period, the case files were transferred to Justice Egwuatu for continuation of proceedings.
At the resumed sitting yesterday, after the first case involving the 57 properties was called up, Justice Egwuatu announced his decision to withdraw from both matters.
The EFCC had told the court that Malami and his co-defendants had, between July 2022 and June 2025, used a firm –
Metropolitan Auto Tech Limited – to allegedly conceal over N1.01 billion in a Sterling Bank account.
They were further accused of using the same company to siphon about N600 million between September 2020 and February 2021.
Similarly, EFCC told the court that the defendants had retained N600 million in March 2021 as collateral for a N500 million loan that the firm, Rayhaan Hotels Ltd, obtained from Sterling Bank, despite allegedly knowing that the funds were proceeds of crime.
The defendants were said to have acted in breach of several provisions of the Money Laundering (Prohibition) Act, 2011.
Among those billed to testify against them were investigators, bank officials, real estate agents, as well as Bureau de Change operators.
The defendants have since denied the allegations; even as Malami filed a motion not only to explain his source of wealth but also to persuade the court to release to him three of the 57 seized properties.
He told the court that whereas he inherited one of the assets from his late father, the others were acquired before he became the AGF.
Malami identified the three property as Plot 157, Lamido Crescent, Nasarawa, GRA, Kano, purchased in July 31, 2019; a Bedroom Duplex and Boys Quarters at No.12, Yalinga Street, Off Adetokunbo Ademola Crescent, Wuse Il, Abuja, purchased in October 2018 at N150 million, and ADC Kadi Malami Foundation Building, bought at N56 million.
The EFCC had listed them as No. 9, 18 and 48 in the schedule of property it attached in the interim forfeiture order it secured from the court.
Specifically, the embattled ex-AGF, in the process he filed through his legal team, led by Mr. Joseph Daudu (SAN), sought two prayers: “An order of this honourable court vacating, setting aside and/or discharging the interim order(s) of this honourable court made on the 6th of January, 2026 against the respondent/applicant’s (Malami’s) properties listed as Nos. 9, 18, and 48 in the schedule of properties attached to the interim order of forfeiture of 6th January, 2026, the said properties having been duly declared in the respondent/applicant’s asset declaration forms throughout his tenure as a public officer and No. 48 is held in trust for the Estate of Late Khadi Malami Nassarawa.”
Also, “An order of this honourable court restraining the applicant/respondent (EFCC), acting by itself or through its servants, agents and proxies from interfering with the respondent/applicant’s (Malami’s) properties in issue or disturbing the respondent/applicant’s ownership, possession and control thereof in the course of purportedly giving effect to the order of this honourable court made on the 6th of January, 2026.”
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