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).