OPEN LETTER TO DIRECTOR-GENERAL, DSS: PLEASE INVESTIGATE AND PROSECUTE MALAMI FOR HIS ACTS OF CORPORATE TERRORISM

24th January 2026.

“OPEN LETTER TO DIRECTOR-GENERAL, DSS: PLEASE INVESTIGATE AND PROSECUTE MALAMI FOR HIS ACTS OF CORPORATE TERRORISM AND BREACHES OF NATIONAL SECURITY THROUGH MALAMI’S VIOLATIONS OF THE CODE OF CONDUCT BUREAU AND TRIBUNAL ACT, 1991 SUCH AS HIS ABUSE OF OFFICE BY MALICIOUS PROSECUTION OF HON. JUSTICE DR. NNAMDI DIMIGBA AND ILLEGAL GIFTS RECEIVED BY MALAMI’S NGO-KHADIMIYYA”.

By Dr. Tonye Clinton Jaja, Senior Counsel of Nigeria-SCN.

Dear Director-General, Department of State Security Services (DSS), Sir,

By way of re-introduction my name is Tonye Clinton Jaja, I am a lawyer called to the Bar as a Barrister and Solicitor of the Supreme Court of Nigeria in the year 2004.

I place myself under the Oaths Act, 1963 and hereby declare that the contents of this open letter are 100% true and correct, and if found to be false, let me be sent to prison for 14 years for the crime of perjury.

I write in my capacity as the Secretary of the Association of Legislative Drafting and Advocacy Practitioners-ALDRAP, an incorporated trustee of over 1,500 lawyers who are committed to ensuring that both officials and institutions comply with the provisions of the Constitution of the Federal Republic of Nigeria,1999 and other relevant laws.

We write this open letter as a PRE-ACTION NOTICE to notify you about the intention of our Association-ALDRAP to commence lawsuit for an Order of Mandamus against your good self in the event that you fail to commence investigation and prosecution of Abubakar Malami within seven (7) days of this our letter.

We write to seek your agency (DSS) to undertake the investigation and prosecution of Malami for his serial violations of Sections 5, 10, 11 and 13 of the Code of Conduct Bureau and Tribunal Act, 1991 when he abused the powers of his office as former Attorney-General of the Federation and Minister of Justice between November 2015 to May 2023.

In all these case of infractions of the Code of Conduct Bureau and Tribunal Act, 1991 Malami abused the discretion to prosecute and withdraw prosecution as conferred upon him by Section 174 of the Constitution of the Federal Republic of Nigeria, 1999.

This is because he did not exercise this power for the benefit of over-riding public interests but rather for his own personal financial and political benefits.

Dr. Peter Gwimi, Director of Investigations, Code of Conduct Bureau (can be contacted on his mobile phone number (+234 806 617 9544).

You can corroborate from another staff of the Code of Conduct Bureau named Aliyu Abdullahi,
+234 803 533 0588

Dr. Peter Gwimi, is an eyewitness who can testify that Malami personally ordered the Code of Conduct Bureau to withdraw or stop the prosecution at the Code of Conduct Tribunal of certain government officials even after the Code of Conduct Bureau had established a prima facie case against such government officials. For example, the issue of Mr. John O. Asein, Director-General of the Nigerian Copyright Commission.

Conversely, Malami also abused the powers conferred upon him by his office as the former AGF and Minister of Justice by approving and fast-tracking the investigation and prosecution of certain officials of government by both Code of Conduct Bureau and Tribunal.

This is based on the fact that as a result of tradition, the Code of Conduct Bureau and Tribunal were administratively placed under the supervision of the occupant of the office of AGF and Minister of Justice.

For example, Malami used the said Code of Conduct Bureau and Tribunal to secure the unlawful removal from office of the former Chief Justice of Nigeria (CJN) Hon. Justice Walter Onnoghen, JSC in the year 2019/2020.

Malami also deployed similar tactics against Hon. Justice Dr. Nnamdi Dimigba of the Federal High Court whose profile appears online at: https://www.worc.ox.ac.uk/news-events/news/nnamdi-dimgba-appointed-justice-of-the-federal-high-court

Hon. Justice Dr. Nnamdi Dimigba was appointed as a judge of the Federal High Court in December 2015, by the year 2016, Malami had unleashed his intimidation tactics against the said judge. If not for the timely intervention of the National Judicial Council (NJC), the said judge would have lost his job. See https://punchng.com/njc-exonerates-justice-dimgba-dismisses-dss-petition/

A concrete evidence of how Malami violated Sections 5, 10 and 11 of the Code of Conduct Bureau and Tribunal Act, 1991 is how he openly admitted that he received gifts of over 200 cars both personally and through his Incorporated Trustees named Khadimiyya for Justice and Development Initiatives.

In May 2022, we wrote and obtained details of this NGO from the Corporate Affairs Commission (CAC).

“Alhaji Abubakar Usman Gotomo is the Chairman of the Board of Trustees for the Khadimiyya for Justice and Development Initiative (KDI), a non-governmental organization focused on humanitarian services and community development in Kebbi State”. It was incorporated in the year 2019.

In violation of Section 5 of the Code of Conduct Bureau and Tribunal Act, 1991, in the year 2019, Malami approved the appointment of the said Alhaji Abubakar Usman Gotomo as Chairman of the Governing Board of the National Agency for Prohibition of Trafficking in Persons (NAPTIP).

Again in May 2022, in violation of Sections 10 and 11 of the Code of Conduct Bureau and Tribunal Act, 1991, Malami admitted that he received gifts of money and cars from friends and associates to support his campaign to become governor of Kebbi State. This is published online https://punchng.com/malami-under-fire-for-receiving-n135m-car-gifts/

The foregoing acts of Malami can be classified as acts of “corporate terrorism” and breaches of Nigeria’s National Security because Malami deployed and hijacked the Code of Conduct Bureau and Tribunal to further his own personal, financial and political objectives.

Malami’s personal, financial and political objectives, in this instance were at variance to the stated objectives for establishment of the Code of Conduct Bureau and Tribunal as stipulated inside both the Nigerian Constitution and the 1991 establishment legislation.

It is for the foregoing reasons that Malami ought to be prosecuted by the Department of State Security Services (DSS) on charges of corporate terrorism and breaches of Nigeria’s National Security because of his serial violations of the Code of Conduct Bureau and Tribunal Act, 1991.

Yours faithfully,
Dr. Tonye Clinton Jaja, SCN,
Secretary, Association of Legislative Drafting and Advocacy Practitioners-ALDRAP.