Justice Obiora Egwatu on Thursday stepped down from presiding over the Federal High Court’s asset forfeiture suit involving former Attorney-General of the Federation, Abubakar Malami, SAN, and two others, citing personal reasons.
Addressing the court shortly after counsel for the parties made their appearances, Justice Egwatu said, “For personal reasons and in the interest of justice, I will recuse myself from this case.”
He directed that the case file be forwarded to the Chief Judge of the Federal High Court for reassignment.
The recusal comes amid a high-stakes legal battle over 57 properties valued at approximately ₦213.2 billion, which Justice Emeka Nwite had temporarily ordered forfeited to the Federal Government last month.
The interim forfeiture, granted on January 6, followed an ex parte application by the Economic and Financial Crimes Commission (EFCC), which claims the assets are suspected proceeds of unlawful activity linked to Malami and his sons.
The portfolio includes university buildings, hotels, plazas, filling stations, residential estates, and large tracts of land across Abuja, Kebbi, Kano, and Kaduna states.
Justice Nwite’s interim order also directed the EFCC to publish the notice in a national newspaper and invite interested parties to show cause within 14 days why the properties should not be permanently forfeited.
Malami, however, has challenged the forfeiture order, insisting that his wealth was lawfully acquired and fully declared to the relevant authorities.
He urged the court to dismiss the proceedings, warning against what he described as “conflicting outcomes” and “duplicative litigation,” while asserting that the action violates his rights to property, presumption of innocence, and family life.
He also sought to restrain the EFCC from interfering with his ownership, possession, and control of three specific properties listed in the EFCC’s application, noting that one property is held in trust for the estate of his late father, Kadi Malami.
