Court of Appeal to decide on Malami’s request to appeal forfeiture ruling

The Court of Appeal in Abuja has reserved judgment on an application by former Attorney-General of the Federation, Abubakar Malami, seeking permission to challenge a ruling connected to the forfeiture of his properties.

During Thursday’s hearing, counsel to Malami, Joseph Daudu, SAN, told the court that the motion sought an extension of time to apply for leave to appeal and permission to appeal out of time.

Daudu said the appeal was against a ruling delivered by Justice Joyce Abdulmalik of the Federal High Court following an application by the Economic and Financial Crimes Commission seeking final forfeiture of Malami’s assets.

The senior lawyer explained that the application was backed by a four-paragraph affidavit alongside the ruling being contested.

He asked the court to grant the request, arguing that the delay in filing the appeal resulted from the need to attach the ruling being challenged.

“I submit that that no longer represents the law as the rules of the court require that in filing an interlocutory appeal, the ruling being challenged must be attached.

“So to file an application without attaching the ruling will render the application incompetent, particularly as the delay was from the court,” Daudu said.

Opposing the application, EFCC counsel Jibril Okutepa, SAN, argued that the appeal was unnecessary because the case fell within the court’s fast-track procedure for corruption-related matters.

“This has to do with property fraudulently acquired while Malami was AGF.

“In rule four, the court discourages interlocutory appeals where the point sought to be appealed are points that can be taken on at the final stage of the matter.

“Our submission is that the applicant has not been able to show substantial reason for his failure to appeal within time,” Okutepa stated.

He further argued that because the original ex parte order was made by Justice Emeka Nwite while the challenged ruling came from Justice Abdulmalik, the case should begin afresh since the earlier order had lapsed.

In response, Daudu insisted the fast-track rules referenced by the EFCC were not part of its counter-affidavit and should therefore be disregarded.

He also maintained that interlocutory appeals, especially those relating to jurisdiction, remain lawful despite judicial recommendations discouraging them.

Following arguments from both sides, the three-member appellate panel headed by Justice Abba Mohammed reserved its ruling to a date yet to be announced.

According to the News Agency of Nigeria, Justice Emeka Nwite had on January 6 ordered the interim forfeiture of 57 properties allegedly linked to unlawful activities.

The judge granted the order after an ex parte motion filed by the EFCC and directed the commission to publish the order in a national newspaper to allow interested parties respond within 14 days.

The case was later reassigned to Justice Obiora Egwuatu after the court vacation, but he withdrew from the matter on personal grounds and in the interest of justice before it was reassigned to Justice Joyce Abdulmalik.

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