Legal Analyst Says DSS Would Not Act on Malami Without Credible Intelligence as Former AGF Faces Terrorism Financing Probe

Published on 23 January 2026 at 06:47

Reported By Mary Udezue | Edited by: Gabriel Osa

Abuja, Nigeria — In the wake of the Department of State Services’ (DSS) arrest and interrogation of former Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN), a prominent legal analyst has weighed into the controversy, asserting that such a dramatic move against a high-profile former government official would not occur without credible intelligence and due process. The comments underscore the legal and political tensions surrounding the allegations now confronting Malami and raise broader questions about governance, national security and the integrity of Nigeria’s justice system.

The DSS reportedly took Malami into custody shortly after he was released on bail from Kuje Correctional Centre in Abuja where he had been held over money laundering and conspiracy charges brought by the Economic and Financial Crimes Commission (EFCC) involving allegedly concealed proceeds worth about ₦8.7 billion. The arrest by the intelligence agency is widely understood to focus on alleged terrorism financing, a sensitive category of national security probes that the DSS traditionally handles. 

Speaking to journalists about the development, legal analyst Dickson Osajie said that pursuing a terrorism-related allegation against someone of Malami’s stature would not be undertaken lightly. He stressed that the DSS, as Nigeria’s domestic intelligence agency, typically acts on specific and credible intelligence before moving against any individual, particularly one who served as the nation’s chief law officer. “I strongly believe the DSS will not go after him just like that without having one or two pieces of intelligence about his involvement in terrorism,” Osajie said, noting the capability and capacity of the service in handling sensitive national security matters.

Osajie described the situation as “a very sensitive department” and said that the DSS would not pursue such action without a serious basis. At the same time, he acknowledged the potential reputational damage to Malami, pointing out that even if the charges are not proven, the mere association with allegations of terrorism financing could undermine the former minister’s image domestically and globally — a consequence he called “dangerous” from a legal and reputational perspective.

The analyst also linked the alleged arrest to broader systemic challenges, urging more rigorous vetting of individuals before they are appointed to national positions of authority. In remarks that touched on longstanding security concerns in Nigeria, Osajie referenced what he described as a pattern of politically charged developments in the country’s security landscape, suggesting that incidents like Malami’s arrest reflect deeper governance and accountability issues that have persisted across administrations.

He further drew contextual connections to Nigeria’s evolving confrontation with insecurity, remarking on how threats have morphed over time with non-state actors moving from rudimentary arms to more sophisticated weaponry such as AK-47s, and questioning the underlying sources of such capabilities. Osajie’s commentary reflects public apprehension as well as elite debate about the intersection of governance failures, corruption and national security.

While the DSS and other authorities have not publicly disclosed detailed evidence supporting the terrorism financing probe, multiple news reports confirm that the intelligence agency has sought court orders to prolong Malami’s detention as part of its investigation, which sources say is complex and may involve sensitive operational and intelligence matters.

Malami’s detention and interrogation by the DSS have drawn strong reactions from his representatives, who have categorically denied any link to terrorism financing or associated activities. In official statements, his media team has dismissed claims about arms caches or other incriminating evidence as “false, unsubstantiated and unsupported by any official record,” and raised concerns about his access to family, legal counsel and basic rights during the period of isolation. 

The former minister is a senior chieftain of the African Democratic Congress (ADC) and had signalled political ambitions ahead of the 2027 Kebbi State governorship election, adding a layer of political intrigue to the unfolding legal saga. His camp has stressed that legal processes must remain insulated from political influences and has warned against “trial by headlines” or speculation.

Malami’s legal troubles began late last year when the EFCC arraigned him, his wife Asabe and their son on multiple counts of alleged money laundering and conspiracy. Although bail was granted by the Federal High Court in Abuja in early January, he was taken into DSS custody almost immediately after leaving the correctional facility, further complicating his legal standing and the sequence of events. 

The transition from an anti-graft investigation by the EFCC to a national security inquiry by the DSS reflects the intersecting legal dimensions of the allegations at hand. Terrorism financing, distinct from conventional financial crime, involves a legal framework that engages domestic and international obligations, and which security agencies treat as a core threat to national stability and global counter-terror networks.

The current developments have also stirred debate over the scope and limits of intelligence-led actions against senior public figures, with commentators and legal scholars emphasising the need for transparency, evidentiary standards and respect for constitutional rights even as agencies pursue legitimate investigations. For many Nigerians, the episode amplifies concerns about accountability for public office holders, especially those who wielded significant influence over legal and security institutions in previous administrations.

As the investigation continues and legal processes play out, the public and legal community await clarity on the veracity of the allegations and the evidence that underpins them, mindful that the outcome will have implications not only for Malami but for perceptions of Nigeria’s fight against corruption, terrorism and impunity.

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