The Federal Government of Nigeria has re-arraigned former Attorney-General of the Federation (AGF), and Minister of Justice, Abubakar Malami (SAN), alongside his son, Abdulaziz Abubakar Malami, on an amended five-count criminal charge bordering on alleged terrorism-related preparation offences and unlawful possession of firearms and ammunition.
The proceedings took place before Justice Joyce Abdulmalik of the Federal High Court, Abuja, under a case prosecuted by the Department of State Services (DSS).
The matter is part of an evolving criminal case that initially included allegations of terrorism financing, abetment, and illegal possession of arms, before being restructured into an amended charge focusing more specifically on possession of firearms and preparatory acts toward terrorism.
Key parties involved
- Defendants:
- Abubakar Malami (SAN) – Former Attorney-General of the Federation and Minister of Justice
- Abdulaziz Abubakar Malami – Son of the former AGF
- Prosecution:
- Federal Government of Nigeria (via DSS)
- Prosecution counsel: Akinlolu Kehinde (SAN)
- Defence counsel:
- Shuaibu Arua (SAN)
-
Presiding Judge:
- Justice Joyce Abdulmalik – Federal High Court, Abuja
Background and procedural history
The defendants were first arraigned on February 3, 2026, on a five-count charge including:
- Alleged abetment of terrorism financing
- Unlawful possession of firearms and ammunition
On February 27, 2026, the court granted bail:
- ₦200 million bail for each defendant
- Two sureties in like sum
At the time, both defendants pleaded not guilty and were released on bail conditions.
The case was later scheduled for commencement of trial, but instead proceeded into an amended charge stage.
The amended charge and re-arraignment
During the latest hearing, the prosecution informed the court of a new amended five-count charge, which it sought to substitute for the earlier one.
Key procedural developments included:
- The prosecution confirmed that the amended charge had already been served on the defendants
- Defence counsel confirmed receipt and raised no objection
- The court formally struck out the earlier charge
- The amended charge was read to the defendants in open court
Both Abubakar Malami and his son pleaded not guilty to all counts.
The defence then requested that the defendants continue on their existing bail conditions, which the prosecution did not oppose. The court granted the request.
Details of the amended five-count charge
The amended charge focuses on alleged possession of firearms and preparatory acts toward terrorism, with incidents said to have occurred in December 2025 at Geeze Phase II Area, Birnin Kebbi LGA, Kebbi State.
Count 1: Preparation to commit acts of terrorism (firearm possession)
The defendants were alleged to have:
- Engaged in preparation to commit acts of terrorism
-
Been in possession, without a licence, of:
- A Sturm Magnum 17 – 0101 firearm
- 16 rounds of Redstar AAA 5’20 live cartridges
- 27 expended Redstar cartridges
This count is said to be contrary to Section 29 of the Terrorism (Prevention and Prohibition) Act, 2022.
Count 2: Conspiracy to prepare for terrorism
The defendants were alleged to have:
- Conspired to commit acts of terrorism by jointly possessing the same firearm and ammunition listed above without a licence
This is contrary to:
- Section 26(1) of the Terrorism (Prevention and Prohibition Act, 2022)
- Punishable under Section 26(3)(a) and (b) of the same Act
Count 3: Illegal possession of firearm
The defendants were alleged to have:
- Possessed a Sturm Magnum 17 – 0101 firearm without a licence
This is contrary to:
- Section 3 of the Firearms Act, CAP F28, Laws of the Federation of Nigeria, 2004
- Punishable under Section 27(1)(a)(i) of the Firearms Act
Count 4: Illegal possession of live ammunition
The defendants were alleged to have:
- Possessed 16 rounds of live cartridges (Redstar AAA 5’20), without a licence
This is contrary to:
- Section 8(1)(b)(ii) of the Firearms Act
- Punishable under Section 27(1)(a)(i) of the Firearms Act
Count 5: Possession of expended cartridges
The defendants were alleged to have:
- Possessed 27 expended cartridges (Redstar AAA 5’20), without a licence
This is also contrary to:
- Section 8(1)(b)(ii) of the Firearms Act
- Punishable under Section 27(1)(a)(i) of the Firearms Act
Court proceedings and rulings
During the hearing:
- The court accepted the substitution of the amended charge
- The defendants pleaded not guilty to all counts
- Bail conditions were maintained (₦200 million each with sureties)
- The court fixed May 26, 2026 for continuation of trial
On that date, the prosecution is expected to:
- Call witnesses
- Tender documentary and physical exhibits
- Begin substantive proof of the allegations
Legal significance of the amended charge
The amended charge represents a procedural and strategic shift in the case:
- Earlier framing reportedly emphasized terrorism financing and abetment
-
The amended charge places stronger legal emphasis on:
- Firearms possession
- Conspiracy
- Preparation for terrorism-related acts
This shift is legally important because:
- It narrows evidentiary focus toward physical possession of weapons and ammunition
- It strengthens reliance on the Firearms Act and Terrorism (Prevention and Prohibition) Act, 2022
- It potentially reduces the burden of proving financial networks and focuses instead on material evidence
Defence position
The defendants:
- Have consistently denied all allegations
- Entered not guilty pleas to all five counts
- Continue to maintain that they are law-abiding and that allegations are unfounded
Their legal team has also:
- Supported continuation of bail
- Expressed readiness to contest the prosecution’s evidence during trial
Current status of the case
The case is currently at the pre-trial/early trial stage, with:
- Amended charges formally adopted by the court
- Bail maintained
- Trial adjourned for prosecution’s evidence presentation
The outcome now depends on:
- Strength of prosecution’s forensic and testimonial evidence
- Defence rebuttals and constitutional arguments
- Court’s interpretation of possession, intent, and alleged conspiracy
Conclusion
The re-arraignment of former AGF Abubakar Malami and his son on an amended five-count charge marks a significant development in a high-profile criminal case involving allegations of terrorism-related preparation and unlawful firearms possession.
While the prosecution has restructured its case to focus more on physical possession of weapons and ammunition under terrorism and firearms laws, the defendants have maintained a firm not guilty plea, with the matter now set for full trial proceedings beginning with witness testimony and evidence presentation.
