A former power centre enters the dock
The Department of State Services on Tuesday arraigned former AGF Abubakar Malami and his son, Abdulaziz Abubakar Malami, before the Federal High Court in Abuja.
The defendants appeared before Justice Joyce Abdulmalik on a five-count charge filed by the Federal Government, following investigations by the DSS into alleged terrorism-related activities and firearms offences.
Count one: terrorism financing by omission
In the first count, prosecutors allege that Malami, while serving as Attorney-General in November 2022, knowingly abetted terrorism financing by refusing to prosecute suspected terrorism financiers whose case files were forwarded to his office.
The charge states that the alleged conduct contravenes Section 26(2) of the Terrorism (Prevention and Prohibition) Act, 2022, which criminalises aiding or facilitating terrorism financing, including through deliberate failure to act.
Counts two to five: firearms and preparatory acts
Counts two to five jointly accuse Malami and his son of unlawful possession of firearms and ammunition and of engaging in conduct preparatory to acts of terrorism.
According to the charge sheet, the defendants allegedly possessed—without licence—a Sturm Magnum 17-0101 firearm, 16 Redstar AAA 5’20 live rounds, and 27 expended cartridges at their residence in Gesse Phase II Area, Birnin Kebbi Local Government Area of Kebbi State in December 2025.
Prosecutors say the alleged possession constitutes preparatory conduct under Section 29 of the Terrorism (Prevention and Prohibition) Act, 2022, and also violates provisions of the Firearms Act, 2004.
Pleas entered, bail deferred
The charges were read to the defendants, who pleaded not guilty to all counts. Following the pleas, prosecuting counsel Dr C. S. Eze applied for their remand in DSS custody pending trial.
Lead defence counsel S. A. Alua (SAN) made an oral application for bail, but Justice Abdulmalik ruled that bail applications must be filed in writing. The court adjourned the matter to February 20, 2026, for hearing of the bail application and possible commencement of trial.
Why this prosecution crosses a legal threshold
Legal observers describe the case as an extraordinary escalation in Nigeria’s use of counter-terrorism statutes, given Malami’s former role as the nation’s chief law officer. While corruption prosecutions of politically exposed persons are not uncommon, terrorism-financing charges introduce a far higher national-security threshold, placing unusual weight on evidentiary rigor and judicial restraint.
The wider legal context now converging
The DSS prosecution runs alongside other legal pressures facing Malami. He was previously arrested by the EFCC over allegations of conspiring with his wife, Asabe, and his son to conceal proceeds of unlawful activities valued at about ₦8.7 billion, involving multiple corporate entities and high-value real-estate transactions.
All three were arraigned on December 29, 2025, on money-laundering and conspiracy charges and pleaded not guilty. On Monday, Malami also challenged an interim forfeiture order affecting some of his properties, insisting the assets were lawfully acquired and fully disclosed.
What the outcome could reshape
If sustained, the case could redefine accountability standards for former senior officials and broaden the enforcement reach of terrorism-financing laws. If it collapses, it risks deepening concerns about selective prosecution and institutional overreach. Either way, the ruling trajectory will shape public trust in Nigeria’s security and justice architecture well beyond this single trial.
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