Allegation Against Former Attorney General: The Betrayal of Justice:

Allegation Against Former Attorney General: The Betrayal of Justice:

What on earth would compel an Attorney General—custodian of law and order, and indeed the Commander-in-Chief of prosecution against those who seek to destroy the country and humanity through the financing of despicable, merciless, and ruthless terrorists—to act otherwise? These terrorists carry out indiscriminate bombings, kill innocent people, and destroy property in a nation that has been wracked by terrorism and violence for the past two decades.

The office of the Attorney General of the Federation (AGF) and Minister of Justice is one of the most powerful non-elective positions created by the Constitution of the Federal Republic of Nigeria, 1999 (as amended). Section 150(1) of the Constitution provides that “There shall be an Attorney-General of the Federation who shall be the Chief Law Officer of the Federation and a Minister of the Government of the Federation.” Section 150(2) further stipulates that the holder of this office must be qualified to practice as a legal practitioner in Nigeria and must have been so qualified for not less than ten years.

Additionally, Section 174 of the Constitution vests the AGF with immense powers to initiate, undertake, and discontinue criminal prosecutions before any court of law in Nigeria in respect of offences created by Acts of the National Assembly. These powers may be exercised at any time before judgment is delivered, under the cloak of public interest, justice, and the need to prevent abuse of legal process.

Against this backdrop, on Tuesday the 3 February 2026, the Department of State Services (DSS) arraigned former Attorney-General of the Federation, Abubakar Malami (SAN), and his son, Abdulaziz, before the Federal High Court in Abuja over alleged terrorism financing and unlawful possession of firearms.

The defendants were arraigned before Justice Joyce Abdulmalik on five counts filed by the Federal Government. Malami was charged in count one with knowingly abetting terrorism financing by allegedly refusing to prosecute suspected terrorism financiers whose case files were forwarded to his office while he served as AGF in November 2022.

Count one of the charge reads: “That you, Abubakar Malami of Gesse Phase II Area, Birnin Kebbi LGA, Kebbi State, adult, male, sometime in November 2022 at the Federal Ministry of Justice, Maitama, Abuja, within the jurisdiction of this honourable court, did knowingly abet terrorism financing by refusing to prosecute terrorism financiers whose case files were brought to your office as the Attorney-General of the Federation, for prosecution, and thereby committed an offence contrary to and punishable under Section 26(2) of the Terrorism (Prevention and Prohibition) Act, 2022.”

Malami and his son were jointly charged in counts two to five with offences including unlawful possession of firearms and ammunition, as well as engaging in conduct preparatory to acts of terrorism. According to the charges, the defendants were alleged to have, sometime in December 2025, at their residence in Gesse Phase II Area, Birnin Kebbi LGA of Kebbi State, possessed without a licence a Sturm Magnum 17-0101 firearm, 16 Redstar AAA 5’20 live rounds of cartridges, and 27 expended cartridges.

The prosecution alleged that the possession of the firearm and ammunition constituted conduct preparatory to the commission of terrorism, contrary to provisions of the Terrorism (Prevention and Prohibition) Act, 2022, and punishable under relevant sections of the Firearms Act, 2004.

It beggars belief that an Attorney General of the Federation would treat with such levity and indeed contempt any matter involving individuals accused of financing terrorism, given the damage inflicted on the country by terrorism over the past two decades.

In 2022, news broke both locally and internationally of six Nigerians convicted by a United Arab Emirates Court of Appeal for financing Boko Haram. On 25 March 2022, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) designated a network of six individuals connected to Boko Haram. They were found guilty of establishing a Boko Haram cell in the UAE to raise funds and provide material assistance to insurgents in Nigeria.

OFAC designated: Abdurrahman Ado Musa, Salihu Yusuf Adamu, Bashir Ali Yusuf, Muhammed Ibrahim Isa, Ibrahim Ali Alhassan, and Surajo Abubakar Muhammad. Pursuant to Section 49 of the Terrorism (Prevention and Prohibition) Act, 2022, the Nigeria Sanctions Committee approved the addition of these names, alongside other individuals and entities, to the Nigeria Sanctions List, subjecting them to asset freezes, travel bans, and arms embargoes.

Therefore, it is both surprising and outrageous—indeed unacceptable and hugely disappointing—that those recommended for prosecution by investigative agencies for financing terrorism, a crime against humanity with international dimensions capable of undermining peace, stability, and security of the global community, would be handled with such levity. This culminates in the grave allegations now levelled against Abubakar Malami, SAN.

Conclusion:
The allegations against a former Attorney General of the Federation strike at the very heart of Nigeria’s justice system. The Constitution envisaged the AGF as a guardian of justice, empowered to protect the nation from crimes that threaten its survival. If proven true, these charges represent not only a betrayal of constitutional duty but also a stain on Nigeria’s image before the international community. The office of the AGF must remain a bulwark against lawlessness, not a shield for those who undermine national security.

@ Okoi Obono-Obla