Justice Obiora Egwuatu Withdraws from Malami’s N213 Billion Forfeiture Case at Federal High Court in Abuja

 


Abuja, Nigeria – February 12, 2026 — Justice Obiora Egwuatu of the Federal High Court in Abuja has stepped down from presiding over two separate cases involving former Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN), citing personal reasons.

The development occurred during court proceedings on Wednesday when the judge formally announced his recusal from the matters. The cases centre on an ongoing legal battle over the forfeiture of assets allegedly valued at approximately N213 billion, which the Economic and Financial Crimes Commission (EFCC) and other anti-graft agencies have linked to Malami’s tenure and associates.

Sources close to the court confirmed that Justice Egwuatu informed parties in the matter of his decision to withdraw, stating that he no longer felt comfortable continuing to hear the cases. No specific details regarding the grounds for recusal were disclosed on record, though judicial protocol allows judges to step aside in circumstances where impartiality may be questioned or personal considerations arise.

The two suits involve applications for final forfeiture orders against properties, bank accounts, investments, and other assets allegedly acquired through corrupt means during Malami’s time as the nation’s chief law officer. The former minister has consistently denied any wrongdoing, describing the allegations as politically motivated and baseless attempts to tarnish his reputation after leaving office.

Following the judge’s withdrawal, the Chief Judge of the Federal High Court is expected to reassign the cases to another judge on the Abuja division roster. Legal proceedings are likely to be delayed as the new presiding judge familiarises himself or herself with the voluminous filings, affidavits, and exhibits already before the court.

Malami’s legal team welcomed the recusal, describing it as a positive step toward ensuring a fair and unbiased adjudication of the matters. A senior member of the defence counsel, speaking on condition of anonymity, said: “Our client has always maintained that these cases are driven by vendetta rather than evidence. A fresh pair of eyes on the bench will help separate facts from fiction.”

The anti-graft agencies prosecuting the cases have not issued any public comment on the development at the time of this report. However, sources within the EFCC indicated that the commission remains committed to pursuing the forfeiture proceedings to their logical conclusion, regardless of any change in judicial assignment.

The N213 billion forfeiture saga has been one of the most closely watched post-administration legal battles in recent Nigerian history. It involves allegations of abuse of office, diversion of public funds, and illicit enrichment during Malami’s tenure as AGF. The cases have seen multiple adjournments, preliminary objections, and counter-affidavits from both sides.

Justice Egwuatu’s decision to step down adds to a series of high-profile judicial recusals in politically sensitive corruption and asset recovery matters in recent years. Such withdrawals, while not uncommon, often attract public attention due to the high stakes and personalities involved.

The cases are now expected to be re-listed before a new judge in the coming weeks. Legal observers anticipate that the reassignment could either accelerate or further prolong the proceedings, depending on the new judge’s docket and approach to the complex evidentiary issues at play.

Malami, who served as AGF from 2015 to 2023, has remained active in public commentary and political circles since leaving office. He has repeatedly challenged the legal and factual basis of the forfeiture actions, insisting that all his assets were acquired legitimately through his legal practice and other lawful ventures.

As the matter heads to a new courtroom, both the prosecution and defence will be preparing for what promises to be another chapter in one of Nigeria’s most high-stakes financial crime and asset recovery disputes.

Further updates are awaited as the Federal High Court administration completes the reassignment process.

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