Abuja Judge Steps Aside From EFCC Cases Involving Malami

Justice Obiora Egwuatu of the Federal High Court sitting in Abuja has stepped aside from two EFCC matters involving former Attorney-General of the Federation, Abubakar Malami.

The judge announced his withdrawal on Thursday, shortly after the asset forfeiture case was mentioned in open court. He said he was recusing himself for personal reasons, adding that the move was meant to protect the interests of justice. He directed that the files be returned to the Chief Judge’s office for further administrative action.

The two matters were filed by the Economic and Financial Crimes Commission. One is a forfeiture proceeding covering 57 land assets valued at ₦212.8 billion, which the commission says are linked to Malami. The second is a money laundering charge involving ₦8.7 billion, in which Malami is standing trial alongside his wife, Asabe Bashir, and their son, Abdulaziz.

At Thursday’s mention, EFCC counsel Ekele Iheanacho told the court that the commission received a request from Malami’s lead lawyer, Joseph Daudu, asking that the forfeiture proceedings be shifted to Monday, February 16, because he had an engagement at the Court of Appeal (Nigeria). Minutes later, the judge delivered his ruling to step aside from both cases.

Lawyers representing third parties said to have interests in some of the disputed properties were also present in court. Their attendance reflects that the assets are subject to a temporary forfeiture order issued by the federal government, pending any claims by individuals or companies asserting lawful ownership.

The matters have been reassigned among judges in recent weeks. The cases were initially handled by Emeka Nwite, who sat as a vacation judge during the Christmas and New Year break. On January 6, he granted an interim forfeiture order covering the 57 properties after the anti-graft agency argued that the assets were suspected proceeds of unlawful activity. 

The order was designed to hold the properties temporarily while anyone with a legitimate claim came forward to contest it, before any final decision on permanent forfeiture.

The properties are located across Abuja and parts of Kebbi, Kano, and Kaduna states. Separately, the EFCC had arraigned Malami, his wife and son on December 30, 2025, on 16 counts of money laundering linked to ₦8.7 billion. 

They pleaded not guilty. Malami and his son were first remanded at the Kuje Correctional Centre, while his wife was remanded at the Suleja Correctional Centre. The court later granted them bail in the sum of ₦500 million each on January 7.

When the court resumed after the break, Chief Judge John Tsoho reassigned both matters to Justice Egwuatu, who fixed February 12 for the forfeiture proceedings and February 16 for the money laundering trial. With Thursday’s recusal, the February 16 date will no longer stand.

Meanwhile, Malami has been pushing back against the EFCC’s bid to secure permanent forfeiture. In a motion filed on January 27 through his legal team, he accused the commission of obtaining the interim order through alleged non-disclosure and misrepresentation. 

He also raised concerns about what he called duplicative litigation and warned of potentially conflicting outcomes, while arguing that the action infringed on his rights. Other applicants have also approached the court to set aside the interim forfeiture.

Beyond the EFCC cases, Malami and his son were also arrested by the State Security Service (Nigeria) over separate allegations of terrorism financing and unlawful possession of firearms. They were arraigned on February 3 before Justice Joyce Abdulmalik in Abuja on those charges.