The defendants were brought before Justice Joyce Abdulmalik, where the DSS filed a five-count criminal charge against them under the Terrorism (Prevention and Prohibition) Act, 2022, and the Firearms Act, 2004.
The Department of State Services (DSS) on Tuesday arraigned a former Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN), alongside his son, Abdulaziz Abubakar Malami, before the Federal High Court sitting in Abuja over allegations bordering on terrorism financing, aiding and abetting terrorism, and the unlawful possession of firearms and ammunition.
The defendants were brought before Justice Joyce Abdulmalik, where the DSS filed a five-count criminal charge against them under the Terrorism (Prevention and Prohibition) Act, 2022, and the Firearms Act, 2004.
According to court documents, Malami, who served as Nigeria’s chief law officer until 2023, was charged solely under Count One of the information, while he and his son were jointly charged under Counts Two to Five, all relating to the alleged illegal possession of firearms and ammunition.
In Count One, the DSS accused the former Attorney General of knowingly abetting terrorism financing during his tenure in office by deliberately refusing to prosecute suspected terrorism financiers whose case files were forwarded to his office for legal action.
The charge alleged that in November 2022, at the Federal Ministry of Justice in Abuja, Malami knowingly aided terrorism financing by failing, in his capacity as Attorney-General of the Federation, to prosecute suspected terrorism financiers whose case files had been submitted to his office. The alleged offence is said to be contrary to Section 26(2) of the Terrorism (Prevention and Prohibition) Act, 2022.
Counts Two to Five accused both Malami and his son, Abdulaziz, of engaging in preparatory acts of terrorism and unlawfully possessing firearms and ammunition without a valid licence.
The DSS alleged that sometime in December 2025, at their residence in Gesse Phase II Area, Birnin Kebbi Local Government Area of Kebbi State, the defendants were found in possession of 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.
Count Two of the charge stated that the defendants did engage in a conduct in preparation to commit act of terrorism by having in your possession and without licence the said firearm and ammunition, an offence contrary to and punishable under Section 29 of the Terrorism (Prevention and Prohibition) Act, 2022.
In Count Three, they were accused of unlawfully possessing a Sturm Magnum 17-0101 firearm without licence, contrary to Section 3 of the Firearms Act, 2004 and punishable under Section 27(1) of the same Act.
Count Four alleged the unlawful possession of sixteen (16) live rounds of Redstar AAA 5’20 cartridges without licence, contrary to Section 8(1) of the Firearms Act, 2004 and punishable under Section 27(1) of the Act.
Count Five accused the defendants of unlawfully possessing twenty-seven (27) expended Redstar AAA 5’20 cartridges, also without licence, contrary to Section 8(1) of the Firearms Act, 2004 and punishable under Section 27(1) of the same Act.
When the charges were read to them in open court, both Abubakar Malami and Abdulaziz Abubakar Malami pleaded not guilty to all five counts.
Following their plea, the prosecuting counsel, Dr. C.S. Eze, urged the court to remand the defendants in DSS custody pending the commencement of trial, citing the gravity of the offences and the provisions of the relevant laws.
In response, the lead defence counsel, S.A. Alua, SAN, made an oral application for the bail of the defendants, arguing that they were entitled to bail pending trial.
However, Justice Joyce Abdulmalik declined to entertain the oral application, ruling that the Federal High Court is a court of record and, as such, can only consider a properly filed written application for bail.
Consequently, the trial judge adjourned the matter to February 20 for hearing on the bail application and possible commencement of trial.
The counts read, "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 of Gesse Phase II, Area, Birnin Kebbi LGA, Kebbi State, adults, males, sometime in December, 2025, in your residence at Gesse Phase II Area, Birnin Kebbi LGA, Kebbi State, within the jurisdiction of this Honourable Court, 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, Abubakar Malami and Abdulaziz Abubakar Malami, of Gesse Phase II Area, Birnin Kebbi LGA, Kebbi State, adults, males, sometime in December, 2025, in your residence at Gesse Phase II Area, Birnin Kebbi LGA, Kebbi State, within the jurisdiction of this honourable court, without licence, did have in your possession a Sturm Magnum 17-0101 firearm, and thereby committed an offence contrary to Section 3 of Firearms Act 2004 and punishable under Section 27 (1) of the same Act.
"That you, Abubakar Malami and Abdulaziz Abubakar Malami, of Gesse Phase II Area, Birnin Kebbi LGA, Kebbi State, adults, males, sometime in December, 2025, in your residence at Gesse Phase II Area, Birnin Kebbi LGA, Kebbi State, within the jurisdiction of this honourable court, without licence, did have in your possession sixteen (16) Redstar AAA 5'20 live rounds of cartridges, and thereby committed an offence contrary to Section 8(1) of Firearms Act 2004 and punishable under Section 27 (1) of the same Act. COUNT FIVE
"That you, Abubakar Malami and Abdulaziz Abubakar Malami, of Gesse Phase II Area, Birnin Kebbi LGA, Kebbi State, adults, males, sometime in December, 2025, in your residence at Gesse Phase II Area, Birnin Kebbi LGA, Kebbi State, within the jurisdiction of this honourable court, without licence, did have in your possession twenty-seven (27) expended Redstar AAA 5'20 cartridges, and thereby committed an offence contrary to Section 8(1) of Firearms Act 2004 and punishable under Section 27 (1) of the same Act."