The Court of Appeal in Abuja has reserved ruling on an application filed by former Attorney-General of the Federation, Abubakar Malami, seeking leave to appeal a Federal High Court ruling linked to the forfeiture of his properties.
The appellate court fixed the ruling for a later date after hearing arguments from lawyers representing both Malami and the Economic and Financial Crimes Commission on Thursday.
Counsel to Malami, Mr Joseph Daudu, SAN, told the court that the application sought an extension of time to apply for leave to appeal, as well as permission to challenge the ruling delivered by Justice Joyce Abdulmalik of the Federal High Court.
Daudu explained that the ruling arose from an application by the EFCC seeking the final forfeiture of properties linked to the former AGF. He said the motion was supported by a four-paragraph affidavit and the ruling being contested.
The senior lawyer argued that the delay in filing the appeal was caused by the need to obtain and attach the court ruling, stressing that failure to attach the ruling would have rendered the application incompetent.
According to him, current court rules require parties filing interlocutory appeals to include the ruling being challenged.
“I submit that this no longer represents the law as the rules of the court require that in filing an interlocutory appeal, the ruling being challenged must be attached,” Daudu told the court.
He urged the appellate court to grant the application.
However, counsel to the EFCC, Mr Jibril Okutepa, SAN, opposed the request and described the application as unnecessary.
Okutepa argued that the matter falls under the court’s fast-track practice direction because it relates to alleged corruption and corrupt practices.
He further maintained that the applicant failed to provide substantial reasons for not filing the appeal within the required time.
According to the EFCC lawyer, the matter initially handled by Justice Emeka Nwite and later reassigned to Justice Joyce Abdulmalik should have started afresh because the earlier ex parte order had expired.
He urged the court to dismiss the application.
In response, Daudu asked the court to disregard the fast-track rules cited by the EFCC, arguing that they were not included in the respondent’s counter-affidavit.
He also maintained that there was nothing unlawful about filing interlocutory appeals, especially in matters involving jurisdictional issues.
After listening to both parties, the three-member panel led by Justice Abba Mohammed reserved ruling to a date that will be communicated to the parties.
The case is part of an ongoing legal battle over 57 properties allegedly linked to unlawful activities.
The Federal High Court in Abuja, presided over by Justice Emeka Nwite, had on January 6 ordered the interim forfeiture of the properties to the Federal Government following an ex parte application filed by the EFCC.
The court also directed the anti-graft agency to publish the interim forfeiture order in a national newspaper to allow interested parties to show cause within 14 days why the properties should not be permanently forfeited.
Following the court vacation, the matter was reassigned to Justice Obiora Egwuatu, who later recused himself from the case, citing personal reasons and the interest of justice.
The case was subsequently reassigned to Justice Joyce Abdulmalik.