Judge withdraws from EFCC’s cases against Malami, says “for better interest of justice”
By OUR REPORTER, Abuja
“Gentlemen, for personal reasons and for better interest of justice, I will recuse myself from this case and in the other sister case,” the judge said in a brief ruling. He directed that the case files be returned to the Chief Judge for reassignment.
Justice Obiora Egwuatu of the Federal High Court, Abuja, on Thursday, February 12, 2026, recused himself from the two cases filed by the Economic and Financial Crimes Commission (EFCC) against former Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami.
Justice Egwuatu, who was recently reassigned the matters by the Chief Judge of the Federal High Court, Justice John Tsoho, said his decision to withdraw was for personal reasons and in the interest of justice.
“Gentlemen, for personal reasons and for better interest of justice, I will recuse myself from this case and in the other sister case,” the judge said in a brief ruling. He directed that the case files be returned to the Chief Judge for reassignment.
The cases include a multi-billion naira civil forfeiture suit involving 57 properties allegedly linked to Malami and an N8.7 billion money laundering charge filed against him, his wife, Asabe Bashir, and his son, Abdulaziz Malami.
The development occurred shortly after the civil forfeiture matter was called for mention. EFCC counsel, Ekele Iheanacho, SAN, informed the court that the case was slated for mention but disclosed that the commission had received a letter from Malami’s counsel, Joseph Daudu, SAN, seeking an adjournment until Monday, February 16, on the grounds that he was appearing before the Court of Appeal in another matter.
Although Daudu was absent in court, other counsel representing parties with interests in some of the properties under interim forfeiture were present. Kalu Kalu Agu appeared for Alhaji Muktaka Usman Junju and Realsmart Tech Nigeria Ltd; D.O. Anyebe represented Real Edge Agro Services Ltd; while M.S. Ishaq appeared for other interested clients.
The two cases were previously handled by Justice Emeka Nwite, who sat as a vacation judge during the Christmas break. Following the vacation, the Chief Judge reassigned the matters to Justice Egwuatu, who fixed February 12 for the civil forfeiture suit and February 16 for the criminal case.
On January 6, Justice Nwite had granted an interim order forfeiting the 57 properties to the Federal Government, following an ex-parte application by the EFCC in suit number FHC/ABJ/CS/20/2026. The court also directed the commission to publish the order in a national newspaper, giving interested parties 14 days to show cause why the properties should not be permanently forfeited.
The properties, valued at several billions of naira, are located in Abuja, Kebbi, Kano, and Kaduna states.
Malami has since challenged the forfeiture proceedings. In a motion on notice filed on January 27 by his legal team led by Daudu, he alleged that the EFCC obtained the interim order through suppression of material facts and misrepresentation. He urged the court to dismiss the suit to prevent what he described as duplicative litigation and a violation of his fundamental rights, including his right to property and presumption of innocence.
Other applicants have also sought to vacate the interim forfeiture order.
In a related criminal matter, Malami, his wife, and son were arraigned on December 30, 2025, before Justice Nwite on a 16-count charge bordering on alleged money laundering to the tune of N8,713,923,759.49. They pleaded not guilty to the charges.
Malami and his son were initially remanded at the Kuje Correctional Centre, while his wife was remanded at the Suleja Correctional Centre. They were later granted bail in the sum of N500 million each on January 7, with two sureties in like sum.
Subsequently, Malami and his son were re-arrested by the Department of State Services (DSS) over allegations of terrorism. The duo, currently in DSS custody, were arraigned on February 3 before Justice Joyce Abdulmalik on a five-count terrorism charge.
