Justice Obiora Egwatu, on Thursday, formally stepped withdrew from presiding over the Federal High Court’s asset forfeiture suit involving a former Attorney-General of the Federation, Abubakar Malami, SAN, and two others, citing personal reasons.
Recently reassigned to the cases by Justice John Tsoho, Chief Judge of the Federal High Court, the judge indicated personal reasons for his decision to step aside, as well as the need to protect the interests of justice.
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The development occurred while a civil petition was brought before the court to demand the confiscation of 57 properties purportedly associated with Malami.
“Ladies and gentlemen, for personal reasons, and for the better interest of justice, I will recuse myself from this case,” he said.
The judge ordered the case file to be reassigned to the Federal High Court’s Chief Judge.
The recusal comes amid a high-stakes legal battle over 57 properties valued at about ₦213.2bn, which Justice Emeka Nwite had ordered to be temporarily forfeited to the Federal Government last month.
Following an ex parte application by the Economic and Financial Crimes Commission, which maintains the assets are suspected profits of illegal conduct connected to Malami and his sons, the interim forfeiture was approved on January 6.
The EFCC claims that there is a reasonable suspicion that the portfolio included huge tracts of land in the states of Abuja, Kebbi, Kano, and Kaduna, as well as university buildings, hotels, plazas, filling stations, and residential estates.
The EFCC was also instructed by Justice Nwite’s interim decision to publish the notice in a national publication and ask any interested parties to provide justification for the properties’ avoidance of permanent forfeiture within 14 days.
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However, Malami had contested the forfeiture judgement, claiming that his fortune had been legally obtained and completely disclosed to the relevant authorities.
The former AGF claimed that the lawsuit infringed upon his rights to property, the presumption of innocence, and family life and requested the court to dismiss the proceedings, cautioning against what he called “conflicting outcomes” and “duplicative litigation.”
He further argued that one of the properties is held in trust for the estate of his late father, Kadi Malami, and requested the court to prevent the EFCC from interfering with his ownership, possession, and control of three properties, numbered 9, 18, and 48 in the EFCC’s application.
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