The Court of Appeal in Abuja has reserved ruling on an application filed by former Attorney-General of the Federation, Abubakar Malami, SAN, seeking permission to challenge a Federal High Court ruling in the ongoing forfeiture proceedings involving 57 properties allegedly linked to him.
A three-member panel led by Justice Abba Mohammed reserved the ruling on Thursday after hearing arguments from lawyers representing Malami and the Economic and Financial Crimes Commission, EFCC. The court said parties would be notified of the date for its decision.
Malami’s counsel, Joseph Daudu, SAN, told the court that the application sought an extension of time to apply for leave to appeal, leave to appeal, and an extension of time to file the appeal. He said the former minister was challenging a ruling delivered by Justice Joyce Abdulmalik of the Federal High Court in Abuja in proceedings initiated by the EFCC for the final forfeiture of the properties. The EFCC had earlier asked the Federal High Court to permanently forfeit the assets to the Federal Government, arguing that the respondents had not shown sufficient grounds to set aside the interim forfeiture order.
Daudu argued that the delay in filing the appeal was caused by the court, insisting that the ruling being challenged had to be attached to the application. Filing without the ruling, he said, would render the process incompetent.
Opposing the application, EFCC counsel, Jibril Okutepa, SAN, described it as unnecessary and urged the appellate court to dismiss it. He argued that the matter fell under the court’s fast-track practice direction because it related to corruption and alleged corrupt practices. Okutepa maintained that Malami had not shown substantial reason for failing to appeal within time.
The EFCC lawyer also said the properties were allegedly fraudulently acquired while Malami served as attorney-general. He argued that the issues raised could be addressed at the final stage of the proceedings rather than through an interlocutory appeal.
Daudu, however, urged the court to discountenance the fast-track argument, saying it was not contained in the EFCC’s counter-affidavit. He added that interlocutory appeals remain valid, especially where questions of jurisdiction are involved.
The case began on January 6, 2026, when Justice Emeka Nwite ordered the interim forfeiture of 57 properties suspected to be proceeds of unlawful activities. The court directed the EFCC to publish the order in a national newspaper, inviting interested parties to show cause within 14 days why the properties should not be permanently forfeited.
