The Federal High Court in Abuja on Friday admitted former Attorney General of the Federation (AGF), Abubakar Malami and his son, Abdulaziz, each to N200m bail on terrorism-related and illegal firearms possession charges brought against them by the Department of the State Service (DSS).
Malami and his son were however ordered to be remanded at Kuje prison pending the perfection of the bail conditions imposed on them by the court.
Justice Joyce Abdulmalik granted them bail while ruling on their bail applications argued by their lead Counsel, Joseph Daudu SAN.
Among other conditions, the Judge ordered the former AGF and his son to get two sureties each, one of whom must own landed property in Maitama or Asokoro districts of the city.
Justice Abdulmalik said that the title of the property must be deposited with the Deputy Chief Registrar of the court along with valid international passports.
The sureties are also to depose to affidavit of means, and hand their two recent passport photographs to the court.
Besides, Malami and his son were also ordered to submit their international passports and recent passport photographs to the court.
The judge subsequently fixed March 4 for commencement of trial.
The DSS had arraigned Malami and his son, Abdulaziz on a five-count charge bordering on terrorism and illegal possession of firearms.
In the charge, marked, FHC/ABJ/CR/63/2026, filed before the Federal High Court in Abuja, Malami is also accused of refusing to prosecute suspected terrorism financiers, whose case files were handed to him while he served as the AGF and Minister of Justice.
Malami and Abdulaziz are, equally accused of warehousing firearms in their residence at Gesse Phase II Area, Birain Kebbi LGA, Kebbi State without lawful authority.
The DSS accused Malami in count one of the charge, with knowingly abetting terrorism financing, while the ex-AGF and his son are charged in counts two to five, with unlawful, possession of a Sturm Magnum 17-0101 firearm, 16 Redstar AAA 5720 live rounds of cartridges and 27 expended Redstar AAA 5’20 cartridges, contrary to and punishable under relevant Sections of Terrorism (Prevention and Prohibition) Act, 2022 and Firearms Act, 2004.
Counts in the charge reads:
*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. 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.
They all pleaded “not guilty” to the 16-count charges, following which the prosecution counsel asked the court for a trial date and for the defendants to be remanded in the custody of a Correctional Centre.
In response, the defence counsel informed the court that the defendants were on bail, granted by Justice Emeka Nwite when they were first arraigned and that the bail conditions had been perfected.
“My Lord, the defendants were granted bail when they were first arraigned before Justice Nwite and the conditions were perfected. They have not flouted any of the conditions. The Federal High Court is one. We pray that the existing bail should continue,” he said.
While the prosecution counsel in his response conceded that the defendants had earlier been admitted to bail and acknowledged that Federal High Courts are one, he, however, argued that the court had the discretion to either adopt the previous bail terms or require the defendants to satisfy fresh conditions.
“Your lordship has the discretion to either adopt the terms earlier granted or subject them to fresh bail conditions to ensure their attendance in court. The conditions can be transferred to this court since it is the same Federal High Court,” he said.
In her ruling, Justice Abdulmalik held that the previous bail having been terminated by the reassignment of the case, the defendants must therefore file fresh bail applications before the court.
“I am of the view that the earlier bail has been terminated. In that wise, I order that fresh bail applications be filed before this court,” she said.
An oral bail application, made by the defence counsel was rejected by the court and directed that a formal bail application be filed, especially considering the weight of the allegations.
Justice Abdulmalik further directed the prosecution to grant the defence team access to the defendants to enable them prepare for trial and adjourned the matter till March 6, 2026, for the hearing of bail applications and commencement of trial.
