The Department of State Services (DSS) on Tuesday arraigned a former Attorney General of the Federation, Abubakar Malami, and his son, Abdulaziz, 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 aiding and abetting terrorism and illegal possession of firearms.
According to the charge, Malami was accused under the first count of knowingly abetting terrorism financing by allegedly refusing to prosecute individuals accused of financing terrorism, despite case files said to have been forwarded to his office during his tenure as Attorney General of the Federation.
Counts two to five were jointly filed against Malami and his son, alleging unlawful possession of firearms and ammunition.
Both defendants pleaded not guilty to all the counts when they were read to them in open court.
Following their plea, the prosecuting counsel, Dr C. S. Eze, applied for an order remanding the defendants in the custody of the DSS pending the commencement of trial.
In response, the lead defence counsel, S. A. Alua, SAN, made an oral application seeking bail for the defendants.
Ruling on the application, Justice Abdulmalik held that the Federal High Court, being a court of record, could only entertain a formal written application for bail. The judge therefore declined to consider the oral request.
The DSS alleged in the charge that the defendants were found in unlawful possession of a Sturm Magnum 17-0101 firearm, 16 live rounds of Redstar AAA 5.20 cartridges, and 27 expended cartridges. The offences were said to be contrary to and punishable under relevant provisions of the Terrorism (Prevention and Prohibition) Act, 2022, and the Firearms Act, 2004.
Counts in the charge 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.
“Abubakar Malami and Abdulaziz Abubakar Malami of Gesse Phase II, Area, Birnin Kebbi LGA, Kebbi State, adults, males, sometime in December, 2025, in your res:dence 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.
“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.
The court then subsequently adjourned the matter to February 20 for hearing of the bail application and possible commencement of trial.
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