A Federal High Court in Abuja has fixed July 10 to deliver judgment in a suit filed by the Economic and Financial Crimes Commission (EFCC) seeking the final forfeiture of 57 properties allegedly linked to former Attorney-General of the Federation, .
The case, which came up on Monday before Joyce Abdulmalik, the presiding judge, had earlier been reserved for judgment after parties adopted their final written addresses and argued the matter on May 26.
The EFCC is urging the court to order the permanent forfeiture of the properties to the Federal Government, arguing that they are reasonably suspected to be proceeds of unlawful activities.
At the previous hearing, EFCC counsel, Jibrin Okutepa, relied on a 47-paragraph affidavit and 46 exhibits to support the application. He contended that Malami and other respondents failed to provide satisfactory explanations regarding the legitimate sources of the assets and urged the court to grant the forfeiture request.
However, counsel to Malami, Adedayo Adedeji, opposed the application and asked the court to dismiss it, as well as set aside the interim forfeiture order earlier granted. He argued that the EFCC’s case was based on mere suspicion rather than credible and admissible evidence.
“The court deals with evidence, not suspicion,” Adedeji maintained.
He further argued that the anti-graft agency relied on extra-judicial statements that should ordinarily be tested through cross-examination during a criminal trial. He added that the court had previously declined to hear oral evidence in the matter.
Adedeji also told the court that some of the properties in question were acquired before Malami assumed office as Attorney-General, insisting they could not be classified as proceeds of crime.
Lawyers representing other respondents and companies named in the suit also urged the court to reject the EFCC’s application.
Meanwhile, Malami is facing two separate criminal charges before another judge of the Federal High Court in Abuja, bordering on alleged money laundering and illegal possession of firearms.
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