Former Attorney-General of the Federation (AGF) and Minister of Justice, Abubakar Malami (SAN), has raised serious concerns over what he described as a plot by the Department of State Services (DSS) to re-arrest him after he was granted bail by a Federal High Court in Abuja.
Malami made the allegation through a statement issued by his Special Assistant on Media, Mohammed Bello Doka. According to the statement, operatives of the DSS are allegedly carrying out surveillance at the Kuje Correctional Centre in Abuja, with plans to arrest him again immediately after his release on bail.
The allegation has sparked fresh debate over the rule of law, the role of security agencies, and respect for court decisions in Nigeria.
On Wednesday, the Federal High Court granted bail to Malami, his wife, and his son in the sum of N500 million each. The court also ordered that each of them must provide two sureties as part of the bail conditions.
The case, which has attracted public attention, is one of several legal battles involving the former Minister since he left office in May 2023. While details of the charges were not fully outlined in the latest statement, the court’s decision to grant bail suggested that the judge was satisfied that the defendants deserved temporary freedom while the trial continues.
However, shortly after the bail decision became public, Malami’s camp raised the alarm over what it described as fresh plans to keep him in detention despite the court order.
In the statement, Malami alleged that security operatives were preparing to re-arrest him on what he described as “trumped-up and unrelated charges.”
“We are now credibly informed that fresh plans are underway to re-arrest Malami on what are believed to be trumped-up and unrelated charges, immediately after his release on bail in the current matter,” the statement said.
The former AGF further claimed that intelligence available to his team showed that DSS operatives had mounted surveillance at the Kuje Correctional Centre and were on standby to carry out the alleged plan.
“This pattern of actions, granting bail on paper while preparing fresh arrests to ensure continued detention, represents a grave assault on constitutional safeguards and an abuse of state power,” the statement added.
Malami’s allegation touches on a sensitive issue in Nigeria’s justice system. In recent years, there have been public complaints by lawyers, civil society groups, and opposition figures about security agencies allegedly disobeying court orders or using repeated arrests to keep suspects in custody.
According to Malami’s statement, such actions, if true, undermine public confidence in the justice system and show a lack of respect for judicial authority.
“It undermines public confidence in the justice system and raises serious questions about respect for judicial authority,” the statement said.
The former Minister also warned that his personal safety, as well as that of his family and staff, was at risk.
“We therefore place it clearly on record that the safety of Abubakar Malami, SAN, his family, and his staff is under serious threat,” the statement noted.
It further stressed that any form of intimidation, unlawful detention, or harm would have to be accounted for by those responsible.
As of the time of filing this report, the Department of State Services had not issued an official response to the allegations. The DSS has often maintained that its operations are guided by the law and national security considerations.
In past cases involving similar allegations, the agency has argued that it has the power to investigate and arrest suspects where there is reasonable suspicion of criminal activity, even if such suspects are facing other charges or have been granted bail in separate cases.
However, critics argue that such actions should always respect court orders and due process.
Abubakar Malami served as Nigeria’s Attorney-General of the Federation and Minister of Justice from 2015 to 2023 under former President Muhammadu Buhari. As AGF, he was the chief law officer of the country and played a key role in legal and constitutional matters.
During his time in office, Malami was involved in several high-profile cases, including corruption prosecutions, asset recovery efforts, and legal disputes involving the federal government.
While he was praised in some quarters for his role in asset recovery, he was also criticised by opposition figures and civil society groups who accused him of using his office to protect political allies and weaken anti-corruption efforts. Malami has consistently denied such allegations.
Since leaving office, the former Minister has been under increased public and legal scrutiny, with several investigations reportedly linked to decisions taken during his tenure.
The latest allegation is expected to draw reactions from legal experts, politicians, and human rights groups. Some lawyers argue that if a court grants bail, security agencies should respect that decision unless there is a new and clearly defined offence supported by a fresh court order.
Others, however, believe that no individual, regardless of status, should be shielded from investigation if there is credible evidence of wrongdoing.
The Malami situation comes at a time when Nigeria is facing renewed calls to strengthen the rule of law and rebuild trust in public institutions. The handling of high-profile cases often serves as a test of the government’s commitment to justice and fairness.
On the other hand, if the DSS provides evidence to justify any new action, the focus may shift to the substance of the allegations against the former AGF.
For now, attention remains on whether Malami will be released on bail as ordered by the court, and whether any new arrest will take place. Legal observers say any attempt to re-arrest him must follow due process and be backed by clear legal grounds.
Malami’s camp has made it clear that it will hold authorities responsible for any harm or unlawful action taken against him or his family.