By Taiye Agbaje
Justice Joyce Abdulmalik of Federal High Court in Abuja on Tuesday threatened to jail any lawyer, who flouts court’s rules to cause delay in the forfeiture suit filed by the EFCC against 57 properties linked to Abubakar Malami, SAN.
Malami is former Attorney-General of the Federation and Minsiter of Justice.
Justice Joyce Abdulmalik gave the warning following a complaint by EFCC lead counsel, Jibrin Okutepa, SAN, that some of the lawyers to interested parties deliberately served on him their proceses late to delay proceedings.
When the case was called, Justice Abdulmalik declined to allow lawyers, whose names were not in the cause list, announce appearance for their clients.
The judge, who condemned the act, said it was high time lawyers conducted themselves in line with the rules.
Okutepa, while addressing the court, said the matter was scheduled for today for the hearing of all applications.
“Unfortunately, I came this morning by 8:31am and I received a called from learner silk, J.B. Daudu, SAN, that he is leading his legal team to Appeal Court for time sensitive matter,” he said.
He said Daudu told him that he would be sending a lawyer with a letter to the court.
Okutepa said, truly, he said in the letter that Daudu had a Peoples Democratic Party’s case at the Appeal Court.
He said he expressed his discomfort to his colleague because the suit was filed since January.
He said though the parties were before the court on Feb. 28, some of the lawyers to the interested parties were still serving him their processes up to Tuesday, even after some of them had filed their responses to the court order since January.
“These people filed their processes as far back as January but they didn’t serve me in January, they didn’t serve me in February, March but until April 18,” he said.
Okutepa, who said about 14 of the lawyers served him late, told the court that another lawyer just approached him when in court to serve him with their process.
“We are ministers in the temple of justice my lord and things should be done rightly,” he added.
He described the act as deliberate ploy to delay hearing.
He said the publication of the interim forfeiture order of the 57 properties was done on Jan. 9 as directed by the court and that interested parties were supposed to show cause within 14 days of the order why a final forfeiture order should not be made.
“My lord, we need court guidance,” he said.
The lawyer said though he would not oppose the application for adjournment, he, however, said that so many motions were filed by the respondents to overwhelm them.
“But we will not be overwhelmed,” he said
Justice Abdulmalik then said that a definite date would be given to all parties in the suit to file and serve their processes.
“And anyone who fails to file within time will shoot himself in the foot.
“I will not take any rascallity from any lawyer and if you dare me, I will charge you for contempt, dock and jail you.
“So please let’s do the needful,” the judge warned.
She subsequently adjourned the matter until May 26 for hearing of all applications.
The judge ordered that all the interested parties shall, before April 27, file all their processes and served same on the EFCC lawyer to enable him respond appropriately.
According to her, any process that is served on April 28 should not be received.
“This will mean, you shut yourself out,” the judge said.
Justice Abdulmalik, who ordered EFCC to respond to any process served on it within one week, gave the respondents four days to file their reply as well.
EFCC filed a motion on notice for final forfeiture of the 57 properties.
The commission, in the application, filed by its team of lawyers led by Okutepa, SAN, and Ekele Iheanacho, SAN, told Justice Abdulmalik that the respondents had failed to place sufficient evidence before the court to warrant the court to vacate the earlier interim order.
The motion, marked: FHC/ABJ/CS/20/2026, named the ex-AGF, Abdulaziz Abubakar Malami, Hajia Bashir Asabe, Abiru’ Rahman Abubakar Malami as 1st to 4th respondents.
Others are Rayhaan Bustan and Agro Allied Ltd, Mountain View Gold and Jewellery Ltd, Amasdul Oil and Gas Ltd, Azbir Arena Nigeria Ltd, Meethaq Hotels Ltd as 5th to 9th respondents.
They also include Rayhaan University Ltd/GTE, Rayhaan Hotels Ltd, Zeenoor Hotels Ltd, Kawsar Ben of Brahim, Alhaji Muktaka Usman Junju, Real Edge Agro Services Ltd as 10th to 15th respondents respectively.
The application was brought pursuant to Section 17 of the Advance Fee Fraud and Other Fraud-Related Offences Act, No. 14 of 2006.
The anti-graft agency sought “a final order of this honourable court forfeiting to the Federal Government of Nigeria, the properties described in the schedule below, which were found by the commission as properties reasonably suspected to be proceeds of unlawful activities.”
A sister court, presided over by Justice Emeka Nwite, had, on Jan. 6, ordered the interim forfeiture of the 57 properties suspected to be proceeds of unlawful activities to the Federal Government.
The judge made the order following an ex-parte motion moved by the EFCC’s lawyer, Iheanacho.
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 properties should not be permanently forfeited to the Federal Government.
The case was, however, reassigned to Justice Obiora Egwuatu after the vacation ended but Egwuatu recused himself from the matter, citing personal reasons and in the interest of justice, before it was reassigned to Abdulmalik.
Malami and others had since challenged the anti-graft agency’s civil suit, praying the court to vacate the order.(NAN)(