The Department of State Services (DSS) on Tuesday arraigned former Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN, alongside his son, Abdulaziz Abubakar Malami, before the Federal High Court in Abuja over alleged terrorism-related offences and unlawful possession of firearms.
The defendants were brought before Justice Joyce Abdulmalik, where the DSS filed a five-count charge bordering on alleged terrorism financing, preparatory acts linked to terrorism, and violations of the Firearms Act.
Malami, who served as Nigeria’s chief law officer between 2015 and 2023, was docked alone on Count One, which accuses him of knowingly abetting terrorism financing by allegedly refusing to prosecute suspected terrorism financiers whose case files were forwarded to his office during his tenure as Attorney-General.
The charge alleges that the former AGF’s actions—or alleged inaction—amounted to an offence under Section 26(2) of the Terrorism (Prevention and Prohibition) Act, 2022, a law enacted as part of Nigeria’s efforts to curb terrorism financing, insurgency, and transnational security threats.
Counts Two to Five jointly accuse Malami and his son of offences relating to the unlawful possession of firearms and ammunition, allegedly discovered at their residence in Gesse Phase II, Birnin Kebbi Local Government Area of Kebbi State, in December 2025.
According to the charge sheet, the DSS alleged that the defendants were found in possession of a Sturm Magnum 17-0101 firearm, sixteen (16) Redstar AAA 5.20 live rounds of ammunition, and twenty-seven (27) expended cartridges, without the requisite licences, contrary to provisions of both the Terrorism (Prevention and Prohibition) Act, 2022 and the Firearms Act, 2004.
The prosecution further alleged that the possession constituted conduct in preparation for acts of terrorism, an offence punishable under Section 29 of the Terrorism Act.
When the charges were read, both defendants pleaded not guilty to all counts.
Following the plea, prosecuting counsel, Dr. C. S. Eze, applied for the remand of the defendants in DSS custody pending the commencement of trial, citing the gravity of the allegations and national security considerations.
However, lead defence counsel, S. A. Alua, SAN, made an oral application for bail on behalf of the defendants. In her ruling, Justice Abdulmalik held that the Federal High Court, being a court of record, could only entertain a formal written bail application, and declined to consider the oral request.
The court consequently adjourned the matter to February 20 for hearing on the bail application and possible commencement of trial.
Background
The arraignment has drawn significant public attention given Malami’s former position as Nigeria’s chief law officer, a role that placed him at the centre of high-profile prosecutions, extradition proceedings, and terrorism-related litigation during his years in office.
The country has, in recent years, intensified enforcement of its anti-terrorism framework, particularly following international pressure to strengthen measures against terrorism financing, arms proliferation, and non-state armed groups. The Terrorism (Prevention and Prohibition) Act, 2022, which repealed earlier legislation, expanded the scope of prosecutable offences and imposed stricter liabilities on public officials and private individuals alike.
Legal observers note that the case, now before the Federal High Court, is likely to test the boundaries of prosecutorial discretion, accountability of former public office holders, and the evidentiary thresholds required in terrorism-related trials.
