Fresh applicants have approached the Federal High Court in Abuja, challenging the Economic and Financial Crimes Commission (EFCC) over its interim forfeiture of properties linked to Abubakar Malami, SAN, former Attorney-General of the Federation and Minister of Justice.
The applicants, Alhaji Muktaka Usman Junju, Rayhaan Bustan and Agro Allied Ltd, are urging the court to set aside and discharge the interim forfeiture order granted on January 6, arguing that the anti-graft agency failed to establish any nexus between their properties and proceeds of unlawful activities.
In separate motions on notice filed through their lawyers, the applicants contended that the EFCC did not comply with statutory and constitutional requirements governing interim forfeiture proceedings, particularly under the Evidence Act and the Advance Fee Fraud and Other Fraud Related Offences Act.
Read also: Malami’s N8.7bn money laundering, forfeiture trial reassigned to new judge
Junju, a businessman, through his counsel, Kalu Kalu Agu, asked the court to vacate the forfeiture order on property listed as No. 40 in the EFCC’s schedule.
The asset, identified as Al-Afiya Energy Tanker Garage along Sani Abacha Bypass Road, Birnin-Kebbi, is valued at about N2.45 billion.
Rayhaan Bustan and Agro Allied Ltd, an agricultural food production company, through its lawyer, Joseph Daudu, SAN, similarly sought the removal of properties listed as Nos. 1, 28, 29, 30, 31 and 32, including a luxury duplex in Maitama, Abuja, and several factory buildings, machinery, and staff facilities in Kebbi State collectively valued at several billions of naira.
Both applicants asked the court to order the immediate restoration of their possession and control of the properties, which form part of the 57 assets earlier ordered forfeited to the Federal Government on an interim basis.
Justice Emeka Nwite had, on January 6, ordered the interim forfeiture of the 57 properties located in Abuja, Kebbi, Kano, and Kaduna States, following an ex parte application filed by the EFCC.
The court also directed the publication of the order in a national newspaper, inviting interested parties to show cause within 14 days why a final forfeiture order should not be made.
However, Junju maintained that the forfeited property belonged to him and had no connection with Malami or any alleged unlawful activity. He said the root of the title and acquisition history were clearly outlined in documents attached to his affidavit.
His counsel argued that the EFCC failed to disclose the specific unlawful act allegedly linked to the property, as required by law, and accused the agency of non-disclosure of material facts and procedural irregularities in procuring the interim order.
Rayhaan Ltd, on its part, said it lawfully acquired the disputed properties through legitimate business transactions and bank facilities from institutions including NEXIM Bank, the Bank of Industry, and Access Bank. Daudu told the court that the interim forfeiture had triggered severe financial consequences, including the recall of loans and revocation of guarantees by Zenith Bank.
He further argued that the EFCC did not establish any predicate offence linking the company’s assets to unlawful activity and described the January 6 proceedings as an unlawful deprivation of property and a denial of fair hearing.
Read also: Ex-AGF Malami, son arraigned on five counts of terrorism, firearms
Malami has also filed a separate motion seeking to vacate the interim forfeiture order on properties linked to him.
The case, initially handled by Justice Nwite, has since been transferred to Justice Obiora Egwuatu for adjudication. The court has fixed February 12 for the hearing of the matter.
