Abubakar Malami, former attorney-general of the federation (AGF) and minister of justice, says the Economic and Financial Crimes Commission (EFCC) has no legal authority to enforce court orders or execute eviction, accusing the agency of usurping judicial functions in taking over his Abuja residence.
Speaking on Tuesday after EFCC operatives sealed his Maitama
residence situated at No. 2 Koranakh Close, off Amazon Street, Malami said the
anti-graft agency acted outside the law by taking over his property despite
ongoing court proceedings.
“Executions of court orders and processes are exclusive
functions of court bailiffs, court sheriffs and judicial processes and are not
in any way… the prerogative of a party to the litigation,” he said.
The former minister and the EFCC are currently parties in a
case before the federal high court over an interim forfeiture order granted on
January 6, 2026.
However, in a motion on notice, Malami, through his counsel,
Joseph Daudu, already filed an application challenging the order, alleging that
the EFCC obtained the interim order through suppression of material facts and
misrepresentation.
Malami urged the court to dismiss the suit to prevent
“conflicting outcomes” and “duplicative litigation”, arguing that the
proceeding violates his right to property, presumption of innocence and right
to family life.
The court has fixed April 20 for the hearing of the
application.
“By the act of securing the order by the EFCC and by the act
of joining issues on my part… it is only natural, logical, legal and judicial
that no party is expected to overreach,” Malami said.
“Without seeking for an order to seal my properties, without
seeking for an order to evict me and my family members… the EFCC came… to
effect forceful eviction.”
He described the action as “extrajudicial”, “unlawful” and
“unprecedented in the Nigerian legal system”.
According to him, even if a court had expressly ordered the
eviction or takeover of the property, the EFCC still lacks the legal authority
to execute such orders.
“Even if indeed, there was express directives of the court
to seal the property or evict my person and my family members from the property
or perhaps to appoint a receiver-manager, the implementation and execution of
those processes are judicial functions and not functions of a litigant,” he
said.
“When a matter is pending before a court, you cannot
unilaterally take steps that will render the court helpless.”
The former minister added that EFCC operatives initially
attempted to enforce the takeover on Monday but returned on Tuesday with
reinforcement and armed personnel.
“They reinforced this morning with a lot of personnel that
are armed and indeed forcefully take over possession of my family residence,”
he said.
Malami also suggested that the timing of the action fuels
the perceptions of political targeting.
The former AGF is standing trial on two separate criminal
charges filed by the EFCC and the Department of State Services (DSS).
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