A defence built on declared income
Former AGF Abubakar Malami has filed a motion seeking to set aside an interim forfeiture order affecting properties linked to him, arguing that the assets were lawfully acquired and properly declared.
In court filings, Malami listed multiple sources of income, including ₦374.6 million from salaries, estacodes and severance allowances, as well as ₦958 million described as traditional gifts from personal friends. His legal team said the disclosures were made to the Code of Conduct Bureau in successive asset declaration forms.
When forfeiture meets legal challenge
The interim forfeiture order, issued in January, covers dozens of properties allegedly connected to Malami and two of his sons. The Economic and Financial Crimes Commission (EFCC) maintains that the assets are reasonably suspected to be proceeds of unlawful activity pending full determination.
Malami’s lawyers contend the order was obtained ex parte through suppression of material facts, insisting there is no prima facie link between the assets and any specific criminal offence. They argue that some properties were acquired before he assumed office, while others are held in trust for family estates.
Gifts, law, and the grey line
The filing has intensified debate around whether gifts received while in public service can be treated as lawful income. Legal practitioners point to Nigeria’s Code of Conduct for Public Officers and anti-corruption statutes, which restrict acceptance of benefits connected to official duties and presume illegality where donors have dealings with government.
Malami’s team insists the gifts cited were personal, customary, and unconnected to official acts—an assertion prosecutors are expected to test against statutory presumptions and evidentiary standards.
As parallel cases converge
The forfeiture proceedings run alongside other legal pressures facing the former minister, including money-laundering allegations and related court actions. Prosecutors say the cases will establish whether disclosures alone are sufficient to rebut suspicion, or whether the source, timing, and context of funds remain decisive.
The court has adjourned to allow arguments on the motion, with judges expected to weigh declaration forms against investigative findings.
Why this moment sharpens accountability
The case lands amid heightened judicial scrutiny of lifestyle claims by former public officials. Courts are increasingly asked to decide whether declarations sanitize wealth, or merely open them to closer examination. How judges rule here could recalibrate the burden of proof in forfeiture cases nationwide.
What the ruling could reshape
If Malami’s challenge succeeds, it may narrow the scope of interim forfeiture and raise the evidentiary bar for ex parte seizures. If it fails, the decision could strengthen asset-recovery tools and redefine how “gifts” are treated under Nigerian law—well beyond this single case.
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