Judge Hands off Malami’s Case, Returns Case File To Chief Judge, Cites Reason

The chief judge of Nigeria’s Federal High Court, Justice John Terhemba Tsoho is set to reassign the asset forfeiture case of former attorney general of the federation, Abubakar Malami to a new a judge after the presiding judge, Emeka Nwite returned the case file to the chief judge.

Justice Emeka Nwite disclosed on Tuesday, January 27th that he has returned the Abubakar Malami’s asset forfeiture case file to the chief judge of Federal High Court for reassignment to a new judge who is expected to conclude the trial.

Recall that Justice Emeka Nwite had on January 6th in favour of the Economic and Financial Crime Commission (EFCC) ordered interim forfeiture of assets estimated to N212.8 billion and located in Abuja, Kano and Birnin-Kebbi, Kebbi State over the allegation that the assets in question were illegitimately acquired by the former attorney general of the federation, Malami.

Justice Emeka Nwite also ordered that the interim forfeiture ruling on the 57 assets across the aforementioned states be published in a national newspaper necessary for anybody or organization to come up within 14 of the publication of the ruling with proofs for why a final forfeiture order will not be granted to the federal government.

The The case was adjourned to (Tuesday) 27th of January, but it was not among the 24 cases that were called up today in court.

When the court was about to begin sitting today, the lawyer to the EFCC, Jibrin Okutepa, a senior advocate of Nigeria (SAN) reminded the court that the Abubakar Malami case was not among the 24 cases listed for hearing today even though it was adjourned to today for hearing.

In his response, justice Emeka Nwite stated that it is the tradition of the court to return every case file assigned to a judge during any vacation such as the Christmas and New year holidays to the chief judge for reassignment immediately the normal court sessions resume.

According to Justice Nwite, the chief judge will then reassign the case to a new judge of his choice.

“I think you will have to pursue this administratively so that you can bring this (the case) to his (the Chief Judge’s) notice to fast-track the process,” Justice Nwite stated.

He also assured EFCC lawyer, Jibrin Okutepa that the commission will be informed immediately the chief judge reassigns the case.