Justice Obiora Egwatu on Thursday stepped aside from the Federal High Court’s high-profile asset forfeiture suit involving former Attorney-General Abubakar Malami, SAN, and two others, citing personal reasons.
The judge made the announcement shortly after the parties’ counsel entered appearances. “For personal reasons, and in the best interest of justice, I will recuse myself from this case,” he said.
He directed that the case file be forwarded to the Chief Judge of the Federal High Court for reassignment. “The charge CR/700/2025, FRN vs. Abubakar Malami (SAN) and two others, shall be referred back for further directives,” Justice Egwatu added.
The recusal comes amid a legal battle over 57 properties valued at approximately ₦213.2bn, which Justice Emeka Nwite had temporarily forfeited to the Federal Government in January.
The Economic and Financial Crimes Commission (EFCC) obtained the interim order through an ex parte application, alleging that the assets were proceeds of unlawful activities linked to Malami and his sons.
The disputed portfolio comprises university buildings, hotels, plazas, filling stations, residential estates, and large tracts of land in Abuja, Kebbi, Kano, and Kaduna states, all of which the EFCC claims were unlawfully acquired.
Justice Emeka Nwite’s interim order directed the commission to publish a notice in a national newspaper, giving any interested parties 14 days to show cause why the properties should not be permanently forfeited.
Malami, however, contested the forfeiture, insisting that his wealth was legally earned and properly declared to the relevant authorities.
He urged the court to dismiss the proceedings, warning against “conflicting outcomes” and “duplicative litigation”, and arguing that the case violates his rights to property, presumption of innocence, and family life.
He also requested that the court restrain the EFCC from interfering with three specific properties—numbers 9, 18, and 48 cited in the application—stating that one of the properties is held in trust for the estate of his late father, Kadi Malami.
