High Court sets new date for case against former AGF Malami
Court Adjourns Case Against Ex-AGF Malami for Alleged Office Abuse
A High Court of the Federal Capital Territory has scheduled October 17 as the new date for the hearing of a case filed against the immediate past Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami, SAN.
The case accuses him of abusing his office during his tenure.
During the court proceedings, Justice Oluyemisi Adelaja deferred the hearing and instructed that all necessary court papers be served on Malami, allowing him to prepare and present his defense in the matter.
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Additionally, the court ordered that a proof of service of the suit and hearing notice be provided to the court.
The plaintiff in the lawsuit is an international businessman and property developer named Mr. Cecil Osakwe.
Through his legal team led by Mr. Victor Giwa, Osakwe claimed that Malami, using his position as the AGF, coerced him into giving two units of three-bedroom flats in his property located at Mekong Close, Maitama, Abuja, to a civil servant named Mrs. Asabe Waziri.
Osakwe alleged that Malami forced him to hand over the property, worth approximately N130 million, to Mrs. Waziri, in direct violation of a court order.
According to Osakwe’s account, Malami interfered in a civil dispute between his firm and Mrs. Waziri while he served as the AGF.
Osakwe contended that Malami abused his authority by subjecting him to continuous harassment through security operatives. The plaintiff asserted that his fundamental rights were grossly violated and he has consequently filed a lawsuit against Malami in both his official and personal capacity.
The lawsuit further accused Malami of acting with malice and abusing his office by charging Osakwe with “collecting money under pretense.” This charge was intended to ensure the complete handover of the property to Mrs. Waziri, who is also named as a defendant in the suit.
Osakwe highlighted that Malami took this action despite being aware that Mrs. Waziri had initially occupied the property for over eight months before being evicted through a lawful court order that terminated the sales transaction between the parties.
In addition to seeking a declaration from the court that Malami engaged in an abuse of public office, Osakwe requested an order for Malami to pay N1 billion in damages.
During the recent court proceedings, Malami did not appear in person or send a lawyer to represent him. This led Mr. Giwa, counsel to the plaintiff, to argue that the former AGF should be present in court and should not exploit the office he held for about eight years to pursue his personal interests.
Giwa emphasized the significance of the case in sending a message to public officers regarding the misuse of their positions.
In response, Mr. C.J. Abengowe, counsel to Mrs. Waziri, acknowledged that the case was scheduled for hearing but contended that since Malami was not represented in court, the matter could not proceed.
Considering the arguments presented by both parties, Justice Adelaja expressed willingness to grant the former AGF another opportunity to respond to the suit.
Consequently, the court adjourned the case, providing Malami with additional time to prepare his defense. The new date set for the hearing is October 17.
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