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By Lizzy Chirkpi
Some property owners have approached the Federal High Court in Abuja, urging it to overturn an interim forfeiture order placed on assets allegedly connected to former Attorney-General of the Federation, Abubakar Malami, insisting the Economic and Financial Crimes Commission (EFCC) failed to prove any link to illegal activities.
In separate applications, businessman Alhaji Muktaka Usman Junju and Rayhaan Bustan and Agro Allied Ltd asked the court to set aside the order granted on January 6 by Justice Emeka Nwite, which led to the temporary seizure of dozens of properties.
Junju, through his lawyer Kalu Kalu Agu, requested that a property listed as No. 40 be removed from the forfeiture list, stressing that it belongs solely to him and has no connection to Malami.
“The commission has not established that the property is proceeds of unlawful activity,” Agu told the court.
He argued that the EFCC failed to provide details of any crime linked to the asset and did not follow due process before securing the interim order.
Similarly, Rayhaan Bustan and Agro Allied Ltd, represented by Joseph Daudu, SAN, asked the court to exclude six properties listed as Nos. 1, 28, 29, 30, 31 and 32, maintaining that they were lawfully acquired.
“Rayhaan is a limited liability company duly registered with the Corporate Affairs Commission,” Daudu said.
He explained that several of the properties were purchased through legitimate bank financing from NEXIM Bank, the Bank of Industry and Access Bank, adding that the forfeiture order had already triggered serious financial consequences.
“The NEXIM Bank loan has now been called in because of the interim forfeiture order,” he said, noting that Zenith Bank has also withdrawn its loan guarantee.
Both applicants urged the court to order the immediate return of their assets, arguing that the forfeiture has deprived them of possession and use of their properties without a fair hearing.
The dispute follows an earlier ruling in which Justice Nwite ordered the interim forfeiture of 57 properties suspected to be proceeds of unlawful activities allegedly linked to Malami. The assets valued at several billions of naira are located across Abuja, Kebbi, Kano and Kaduna states.
The court had also directed the EFCC to publish the order in a national newspaper, inviting anyone with an interest in the properties to show cause within 14 days why a final forfeiture should not be granted.
Malami himself has since filed a separate application challenging the forfeiture and asking the court to vacate the order on properties associated with him.
The matter, now before Justice Obiora Egwuatu, has been adjourned to February 12 for hearing.