Picture source: Vanguard Newspaper.
The former Attorney General and Minister of Justice under former President Muhammadu Buhari, Abubakar Malami, is at the centre of a storm over allegations bordering on money laundering, abuse of office, and the concealment of illicit funds. These charges were brought against him by the Economic and Financial Crimes Commission (EFCC) in a 16-count charge filed against him, his wife, Hajiya Asabe Bashir, and his son, Abubakar Abdulaziz Malami.
The former Attorney General has described the case as politically motivated. I am not a judge to pass a verdict on the matter, and I expect Malami to defend himself as the legal process unfolds. My thoughts, however, extend beyond the immediate charges to the broader context of how individuals occupying public office in Nigeria sometimes become carried away by affluence and blind loyalty, leading to violations of established rules and institutional norms.
Not long after Malami was appointed to office, in October 2016, the Department of State Services (DSS) raided the homes of several judges and arrested them on allegations of corruption. In one of his appearances before the National Assembly, Abubakar Malami defended the operation, stating that his office had backed the action and stressing that constitutional immunities do not prevent investigations. Many critics viewed the operation as an overreach and an intimidation of the judiciary, describing it as an extrajudicial tactic that undermined judicial independence.
Similarly, in October 2017, Malami was accused of playing a role in the controversial reinstatement and promotion of Abdulrasheed Maina, the former chairman of the Pension Reform Task Team, who had been declared wanted by the EFCC over alleged pension fraud and had fled the country. Reports at the time indicated that Malami’s office advised on Maina’s recall to the civil service, a move widely criticised as a bypass of established procedures while ignoring Maina’s fugitive status.
As if lessons were not learned, in November 2018, Malami’s office again intervened in a fraud case prosecuted by the EFCC against Dr John Abebe, brother of former First Lady Stella Obasanjo, by sending a lawyer to withdraw the charges at the Lagos High Court. The EFCC argued that the Attorney General lacked the authority to take over the case without sufficient justification, highlighting what it described as a pattern of halting prosecutions involving politically connected individuals and raising concerns about selective justice.
In January 2019, Malami was also fingered as having played a key role in the suspension and eventual removal of the Chief Justice of Nigeria, Walter Onnoghen, by President Buhari, following allegations of asset declaration breaches.
Malami continued to run the office of the Attorney General according to what many perceived as a familiar template, often without regard for whether such decisions were counterproductive to institutional integrity. He ordered the withdrawal of a long-standing N25 billion fraud charge against Senator Danjuma Goje just weeks after Goje stepped down from the Senate Presidency race in support of the administration’s preferred candidate. The EFCC had investigated the case for over seven years, and the sudden discontinuation, without publicly stated justification, fuelled claims that Malami used his office to shield political allies, thereby reinforcing a culture of impunity in high-level corruption cases.
When Malami’s office appeared increasingly at odds with the EFCC over allegations of interference, he submitted a petition to President Buhari seeking the removal of the EFCC’s Acting Chairman, Ibrahim Magu. Magu had remained in an acting capacity for an extended period due to the National Assembly’s refusal to confirm his appointment. This move, combined with ongoing accusations of interference in EFCC operations, was perceived by critics as an attempt to consolidate control over the anti-corruption framework and influence investigations and prosecutions in favour of certain interests.
While there may be no single official document detailing the number of times Malami allegedly acted contrary to legal or institutional expectations during his tenure, available reports suggest at least a dozen major instances where his actions generated controversy and raised questions about adherence to due process and respect for constituted authority.
These and other actions were captured in a "The Cable report" titled “MAN IN THE NEWS: Abubakar Malami, the double-faced attorney-general of the federation,” which described him as holding “the prize for the most controversial attorney-general in the federation’s history,” owing to the frequency and breadth of controversies that distinguished his tenure from those of his predecessors and even his successor.
By comparison, Mohammed Bello Adoke SAN, who served under Presidents Yar’Adua and Jonathan (2010–2015), faced significant controversy largely centred on the Malabu OPL 245 oil block scandal, a case anchored on a single major issue. Similarly, Michael Aondoakaa SAN, who served under President Yar’Adua (2007–2010), was heavily criticised for allegedly frustrating EFCC prosecutions and undermining the agency’s independence, but his controversies were largely concentrated around interference in corruption cases and lacked the diversity and volume of interventions, such as judicial suspensions, asset auctions, and prosecutorial withdrawals that characterised Malami’s era.
Other Attorneys General, including those who served under earlier administrations, attracted criticism for political loyalty or inefficiency but rarely faced the sustained, headline-grabbing allegations of impunity associated with Malami’s tenure.
Today, Malami is facing a 16-count charge alongside members of his immediate family. Since his detention last year, several attempts have reportedly been made to secure his bail, but both the EFCC and the DSS have resisted the process. Although he was granted bail recently, reports emerged that fresh charges had been filed, raising the possibility of re-arrest. According to "The Guardian" report of January 19, Malami was rearrested just minutes after his release.
Nigeria’s justice system must evolve beyond this level of institutional confrontation. The apparent orchestration of power against perceived dissenters—such as the prolonged detention of Sambo Dasuki without bail—raises troubling questions about due process. While Malami may be facing the consequences of his past actions, rationally, this cycle of vindictive procedures must give way to a justice system anchored on fairness, consistency, and the rule of law.
