The Federal High Court, Abuja, on Tuesday fixed July 6 for judgment in the forfeiture suit filed by the EFCC on 57 properties linked to former Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN).
Judge Joyce Abdulmalik fixed the date after EFCC’s lawyer, Jibrin Okutepa (SAN) and counsel to Malami and other respondents, Adedayo Adedeji (SAN), adopted their processes and presented their arguments for and against the case.
The commission had, in the suit, sought the final forfeiture of the properties for reasonably suspected to be proceeds of unlawful activities.
Okutepa, in his argument, told the court that the motion, filed in February, was supported by a 47-paragraph affidavit with 46 exhibits.
The lawyer, who said the motion was in “three volumes,” prayed the court to grant the application.
Relying on the processes, he urged the court to hold that Malami and other respondents had “woefully failed to show cause” that the properties “were acquired legitimately.”
He urged the court to order the forfeiture of the properties permanently to the Federal Government.
Responding, Adedeji said the application, filed on February 27 and supported by a 109-paragraph affidavit, was deposed to by Malami himself.
He said the affidavit was filed to show cause why the final forfeiture order should not be granted.
Adedeji urged the court not only to set aside the earlier interim order, but also to hold that the respondents had demonstrated that the properties “were not acquired from proceeds of crime.”
He argued that the EFCC merely relied on suspicion to allege that the properties were acquired with proceeds of crime.
“The court deals with evidence, not suspicion,” the counsel stated.
He urged the court to discountenance the submission of EFCC’s lawyer.
