Justice Emeka Nwite of a Federal High Court sitting in Abuja, has returned the case file of the asset forfeiture involving the former Attorney General of the Federation and Minister of Justice, Abubakar Malami, to the Chief Judge of the Federal High Court for reassignment.
Justice Nwite, who was the vacation Judge, had on January 7, 2026, granted an order of interim forfeiture of about 57 properties estimated at over N213 billion suspected to be linked to Malami, his wife and son.
The Economic and Financial Crimes Commission (EFFC), had in a motion alleged that the properties which are scattered across three states of Kano, Kebbi, Kaduna, and the Federal Capital Territory FCT, Abuja, are suspected to be proceeds from unlawful activities.
Justice Nwite, while ruling on the ex-parte motion by the EFCC, directed that the forfeiture order be published in a national daily, calling on interested persons to show cause why the properties should not be permanently forfeited to the Federal Government of Nigeria.
However, in a statement on Saturday by Mohammed Bello Doka, media aide to Malami, accused both the Department of State Service (DSS) and the EFCC of deliberately frustrating his efforts at filing his defence in the forfeiture case.
According to Malami, both the DSS and EFCC have been acting in ways suggesting that they are in league to deny him the opportunity of defending himself.
But, the matter was not listed among those to be heard on Tuesday, thereby prompted Justice Nwite to inform the counsels to both parties who were present in court that he has returned the case file to the Chief Judge, Justice John Tsoho, for reassignment to another Judge having presided over the matter as a vacation Judge.
Counsel to the EFCC, Jibrin Okutepa, SAN, had earlier reminded the Judge that the forfeiture case was scheduled for the day for a report on compliance, and urged the Judge to conclude proceedings.
Responding, Justice Nwite said that it is the rule for vacation Judges to return case files to the Chief Judge for reassignment at the end of the vacation period.
