DSS arraigns ex-AGF Malami, son over terrorism financing, illegal firearms possession

By Sabiu Abdullahi

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, at the Federal High Court in Abuja. They face allegations of terrorism financing, aiding and abetting terrorism, and unlawful possession of firearms and ammunition.

The defendants appeared before Justice Joyce Abdulmalik, who was presented with a five-count criminal charge filed by the DSS under the Terrorism (Prevention and Prohibition) Act, 2022, and the Firearms Act, 2004.

Court documents revealed that Malami, Nigeria’s chief law officer until 2023, was charged solely under Count One, while both he and his son were jointly charged under Counts Two to Five, all relating to illegal possession of firearms and ammunition.

Count One alleges that in November 2022, at the Federal Ministry of Justice in Abuja, Malami knowingly abetted terrorism financing by refusing to prosecute suspected terrorism financiers whose case files had been submitted to his office. The offence is said to violate Section 26(2) of the Terrorism (Prevention and Prohibition) Act, 2022.

Counts Two to Five accuse the father and son of preparatory acts of terrorism and illegal possession of firearms and ammunition without a licence. According to the DSS, in December 2025, at their residence in Gesse Phase II, Birnin Kebbi Local Government Area of Kebbi State, the defendants were found with a Sturm Magnum 17-0101 firearm, sixteen live Redstar AAA 5’20 cartridges, and twenty-seven expended Redstar AAA 5’20 cartridges.

Count Two states that the possession of the firearm and ammunition without a licence was preparatory to committing an act of terrorism, contrary to Section 29 of the Terrorism (Prevention and Prohibition) Act, 2022. Count Three alleges unlawful possession of the Sturm Magnum firearm without a licence, contrary to Section 3 of the Firearms Act, 2004. Counts Four and Five charge the defendants with illegal possession of sixteen live rounds and twenty-seven expended cartridges respectively, contrary to Section 8(1) of the Firearms Act, 2004.

When the charges were read in court, both Malami and his son pleaded not guilty to all five counts.

Following the plea, DSS counsel Dr. C.S. Eze requested that the defendants be remanded in DSS custody pending trial, citing the seriousness of the offences and the provisions of the relevant laws. Lead defence counsel S.A. Alua, SAN, applied orally for bail, arguing that the defendants were entitled to it pending trial.

Justice Abdulmalik declined the oral application, noting that the Federal High Court can only consider a properly filed written application for bail. The trial judge adjourned the matter to February 20 for hearing on the bail application and possible commencement of the trial.

The charges, as read in court, include:

“That you, Abubakar Malami of Gesse Phase II Area, Birnin Kebbi LGA, Kebbi State, Adult, male, sometime in November, 2022 at 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 casefiles 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 Terrorism (Prevention and Prohibition) Act, 2022.”

“That you Abubakar Malami and Abdulaziz Abubakar Malami… did engage in a conduct in preparation to commit act of terrorism by having in your possession and without licence, a Sturm Magnum 17-0101 firearm, Sixteen (16) Redstar AAA 5°20 live rounds of Cartridges and Twenty-Seven (27) expended Redstar AAA 5’20 Cartridges, and thereby committed an offence contrary to and punishable under Section 29 of Terrorism (Prevention and Prohibition) Act, 2022.”

“That you… did have in your possession a Sturm Magnum 17-0101 firearm, sixteen (16) Redstar AAA 5’20 live rounds of cartridges, and twenty-seven (27) expended Redstar AAA 5’20 cartridges, all without licence, contrary to the Firearms Act, 2004, and punishable under Section 27 (1) of the same Act.”