Malami Under Fresh Spotlight as Full Details Emerge on Controversial $17m Legal Fees for Abacha Loot Recovery
A comprehensive review of documents, past investigations, and recent developments has brought renewed scrutiny on former Attorney-General of the Federation and Minister of Justice, Abubakar Malami, over the controversial engagement of two Nigerian lawyers in the recovery of the $321 million Abacha loot, a contract that allegedly cost the country about $17 million in fees despite the recovery process being nearly completed before he assumed office.
Background: The Recovery That Was Already Completed
Between 2013 and 2014, the Federal Government hired Swiss lawyers — led by Enrico Monfrini — to trace, document and recover hundreds of millions of dollars looted by former military ruler, General Sani Abacha.
The lawyers successfully recovered $321 million, which was subsequently frozen in Switzerland, awaiting a formal request by the Nigerian government for onward repatriation.
All payments to the Swiss lawyers were made by 2014, and what remained was the signing of a formal government-to-government Memorandum of Understanding to release the money to Nigeria.
Internal documents and testimonies from senior officials indicated that the recovery process was substantially concluded before Malami took office in late 2015.
Malami’s 2016 Engagement of Nigerian Lawyers Sparks Controversy
Despite the near-completion of the process, Malami in 2016 appointed two Nigerian lawyers — Oladipo Okpeseyi and Temitope Adebayo — to “continue the recovery efforts.”
The engagement of the duo attracted professional fees and commissions amounting to about $16.9 million, a move that raised alarms within the Ministry of Justice and among transparency advocates.
Officials familiar with the process argued that no fresh legal work was required because the Swiss government was simply awaiting a letter from the Nigerian Attorney-General to initiate the repatriation.
Swiss lawyer Monfrini later confirmed that he did not request additional fees. He stated that his assignment had been completed long before Malami’s appointment and that all Nigeria needed to do was sign the repatriation agreement.
Accusations of “Re-Looting the Loot”
Civil society groups, anti-corruption organisations and whistle-blowers described Malami’s action as an attempt to “re-loot the loot,” alleging that the two Nigerian lawyers were paid for work that had already been done and paid for by the Nigerian government.
TheCable’s earlier investigative reports revealed that the Ministry of Justice struggled to justify the new legal contracts and that senior officials questioned why lawyers with no prior involvement in the recovery were suddenly brought in to claim millions of dollars in commission.
Finance Ministry Blocks Payment, National Assembly Moves In
The Ministry of Finance under Mrs. Kemi Adeosun reportedly refused to approve the payment, citing concerns that the fees were “dubious.”
Her refusal stalled the payment and prompted further inquiries from the National Assembly.
A House of Representatives ad-hoc committee began probing the matter, but the investigation dragged for years, as key documents from the Ministry of Justice were not produced.
FOI Requests and the Court Case
In December 2017, a media foundation filed a Freedom of Information (FOI) request seeking:
- Copies of the legal contracts with the Nigerian lawyers,
- Records of any payments made, and
- Details of the 2013–2014 agreements with the Swiss lawyers.
Malami declined to release the documents.
A lawsuit filed to compel disclosure was dismissed in 2019 — not on the merits, but because the court ruled that the foundation submitted a photocopy of its incorporation certificate instead of a certified true copy.
This technical dismissal meant that the substantive issues were never addressed.
EFCC Steps In: Malami Quizzed in 2025
The matter resurfaced dramatically in November 2025 when Malami was invited by the Economic and Financial Crimes Commission (EFCC) for questioning.
He honoured the invitation and later told journalists that the engagement was “successful” and that further clarification meetings were scheduled.
According to him, the allegations were “baseless and illogical.”
He insisted that:
- The Abacha loot had not been fully recovered before he took office.
- The Swiss lawyer allegedly demanded exorbitant fees running into 20–40% before continuing.
- His decision to engage Nigerian lawyers actually “saved the country money” through a 5% success-fee structure.
- His tenure oversaw the repatriation of multiple tranches, including $322.5 million from Switzerland (2017–2018) and $321 million from Jersey (2020).
He argued that these funds were deployed to infrastructure projects such as highways and the Second Niger Bridge.
Critics Say Transparency Still Lacking
Despite Malami’s defence, critics insist that:
- The repatriation process he inherited was all but finalized;
- There was no justification for engaging new lawyers;
- Transparency was obstructed by refusal to honour FOI requests;
- Oversight investigations have been stalled for years; and
- The matter represents one of the most troubling financial decisions of the Buhari administration.
Some civil society actors argue that the EFCC’s renewed probe is long overdue and may finally bring clarity to an issue clouded by secrecy, conflicting explanations, and allegations of impropriety.
Awaiting a Definitive Conclusion
With the EFCC revisiting the case almost a decade after the controversial legal contracts were issued, Nigerians now look forward to answers to long-standing questions:
- Were the $17 million legal fees justified?
- Was due process followed?
- Did Nigeria pay for work that had already been done and fully paid for?
- And was public money diverted under the guise of legal consultancy?
After years of incomplete inquiries and unanswered FOI requests, the public expects the anti-graft investigation to finally offer a definitive account and, if necessary, hold wrongdoers accountable.
