JUSTICE Obiora Egwuatu on Thursday recused (withdrew) himself from the two cases filed by the Economic and Financial Crimes Commission (EFCC) against Abubakar Malami, SAN, former Attorney-General of the Federation and Minister of Justice.
Justice Egwuatu, who was recently re-assigned the cases by the Chief Judge (CJ) of the Federal High Court, Justice John Tsoho, said he decided to withdraw from them for personal reasons and for better interest of justice.
The two cases include the multi-billion naira asset forfeiture case concerning 57 property and the N8.7 billion money laundering charges filed by the EFCC against Malami, his wife, Asabe Bashir and son, Abdulaziz Malami.
The development occurred on Thursday shortly after the civil suit for forfeiture of 57 property allegedly linked to Malami was called for mention.
Upon resumed hearing, EFCC’s lawyer, Ekele Iheanacho, SAN, informed the court that the matter was scheduled for mention.
The lawyer, however, told the court that the commission received a letter from Joseph Daudu, SAN, who is Malami’s counsel, seeking an adjournment of the case to Monday, Feb. 16.
He said Daudu stated in the letter that he was at the Court of Appeal for another case, hence, the need for the application for an adjournment.
Shortly after Iheanacho addressed the court, Justice Egwuatu, in a brief ruling, announced his recusal from the case.
“Gentlemen, for personal reasons and for better interest of justice, I will recuse myself from this case and in the other sister case,” he said.
The judge said the case files would be remitted back to the chief judge accordingly.
NAN observes that though Daudu was not in court, lawyers for other respondents/applicants, who had interest in some of the property already placed on temporary forfeiture to the Federal Government, were in court.
While Kalu Kalu Agu, announced appearance 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 his clients who he did not mention in open court.
NAN reports that the cases were formerly before Justice Emeka Nwite, who sat as vacation judge during the Christmas break.
The CJ had re-assigned the two cases to the new judge after the Christmas vacation sitting ended and Justice Obiora fixed Feb. 12 for the civil case and Feb. 16 for the money laundering case.
Justice Nwite, the former trial judge, had, on Jan. 6, ordered the interim forfeiture of the 57 property suspected to be proceeds of unlawful activities linked to Malami, to the Federal Government.
The judge made the order following an ex-parte motion, marked: FHC/ABJ/CS/20/2026, and moved by the EFCC’s lawyer, Iheanacho, to the effect.
The judge directed the commission to publish the order in a national daily for interested person(s) to show cause, within 14 days, why all the property should not be permanently forfeited to the Federal Government.
The multi-billion naira landed property are located in Abuja, Kebbi, Kano and Kaduna States.
But Malami had since challenged the anti-graft agency’s civil suit, praying the court to dismiss same.
In a motion on notice filed on Jan. 27 on Malami’s behalf by a team of lawyers led by Daudu, the ex-AGF alleged that the anti-corruption agency got the interim order by suppression of material facts and misrepresentation.
Malami, who urged the court to dismiss the suit to prevent “conflicting outcomes duplicative litigation,” argued that the proceeding was an assault on his fundamental right to owned property, his presumption of innocence and his right to live in peace with his family.
More applicants had also joined Malami in urging the court to vacate the interim order of forfeiture.
In a related development, the ex-AGF, Asabe and Abdulaziz were, on Dec. 30, 2025, arraigned by the anti-graft agency also before Justice Nwite in the 16-count criminal charge, marked: FHC/ABJ/CR/700/2025.
They were arraigned on allegations bordering on money laundering offences to the tune of N8, 713,923, 759.49(Eight billion, seven hundred and thirteen million, nine hundred and twenty-three thousand, seven hundred and fifty-nine naira, forty nine kobo). They, however, pleaded not guilty to the 16 counts.
While Malami and son were remanded at Kuje Correctional Centre, Asabe was remanded at Suleja Correctional Centre before they were admitted to N500 million bail each, on Jan. 7, with two sureties each in like sum.
Malami and his son were however re-arrested by the Department of State Services (DSS) over allegations bordering on terrorism.
The duo, who are currently being detained by the DSS, were arraigned, on Feb. 3, before Justice Joyce Abdulmalik of a sister court on a five-count terrorism charge. (NAN)
