Federal High Court in Abuja Halts Bail Hearing for Ex-AGF Abubakar Malami, Cites Work-Free Day Declaration

 


The Federal High Court in Abuja on Friday, February 20, 2026, abruptly adjourned the bail hearing for former Attorney-General of the Federation and Minister of Justice Abubakar Malami (SAN) and his son Abdulaziz Abubakar Malami, citing an official work-free day declaration that suspended all court proceedings.

The session, originally scheduled for Friday morning before Justice Joyce Abdulmalik, was expected to consider a formal bail application filed by the defendants following their arraignment on February 3, 2026. Court officials informed parties and observers that the day had been declared work-free, forcing an immediate postponement. The matter has now been rescheduled to Thursday, February 27, 2026.

An eyewitness account shared on Facebook by Abdulrahman Ibrahim Sahihi captured the moment: “We’re live from the Federal High Court where Malami’s court session with DSS was expected today. The judge had earlier adjourned for bail consideration, but court officials surprisingly announced today is a work-free day. Proceedings have now been rescheduled to February 27, 2026.”

The unexpected suspension has extended Malami’s detention in DSS custody, leaving his bail application unresolved and adding further delay to a high-profile case that has drawn intense national attention.

Background of the Charges

Malami, who served as Attorney-General under former President Muhammadu Buhari (2015–2023), was arraigned alongside his son on a five-count charge filed by the Department of State Services (DSS). The charges include:

Terrorism financing

Aiding and abetting terrorism

Unlawful possession of firearms and ammunition

The DSS alleges that during his tenure as AGF, Malami deliberately refused to prosecute suspected terrorism financiers whose case files were forwarded to his office, thereby abetting terrorism financing. Prosecutors further claim that in December 2025, DSS operatives recovered a Sturm Magnum 17-0101 firearm, sixteen live cartridges, and twenty-seven expended cartridges from the defendants’ residence in Birnin Kebbi, Kebbi State, without valid licences.

Both father and son pleaded not guilty to all counts when they appeared before Justice Abdulmalik on February 3. Following the plea, defence counsel orally applied for bail, but the judge rejected the application, ruling that only a properly filed written motion could be entertained. She adjourned the matter to February 20 for hearing of the bail application and potential commencement of trial.

Context of the Work-Free Day Declaration

The adjournment stems from a circular issued earlier in the week by the Chief Judge of the Federal High Court, Justice John Tsoho, declaring Friday, February 20, 2026, a work-free day for all judicial officers, staff, and court users. The circular cited “administrative reasons” but did not provide further details. Such declarations are occasionally issued for internal court activities, public holidays, or security considerations, though Friday’s timing has raised questions given the high-profile nature of the Malami case.

Legal observers note that the timing of the declaration—coming just days after the arraignment and during a week when several politically sensitive matters were scheduled—has fueled speculation about possible interference or deliberate delay. The DSS and the Office of the Attorney-General have not commented on the adjournment.

Reactions and Implications

The postponement has drawn mixed reactions. Supporters of Malami, including members of the opposition Peoples Democratic Party (PDP) and some civil society groups, have described the delay as suspicious and potentially politically motivated. Critics of the former AGF, including some ruling All Progressives Congress (APC) figures, argue that the case involves grave national security allegations that justify thorough judicial scrutiny without undue haste.

The case is widely seen as one of the most politically consequential legal proceedings in Nigeria in recent years. Malami, who served as AGF for eight years, was a key figure in the Buhari administration’s security and anti-corruption policies. His prosecution by the DSS under the Tinubu administration has intensified debate about political vendettas, continuity of governance, and the independence of security and prosecutorial agencies.

The Federal High Court has now fixed February 27 for the bail hearing and possible further proceedings. Until then, Malami and his son remain in DSS custody. Legal analysts expect the defence team to file additional motions and possibly challenge the constitutionality of certain aspects of the charges.

The outcome of the bail hearing—and the eventual trial—will likely have far-reaching implications for Nigeria’s political landscape, the rule of law, and public perceptions of the justice system under the current administration.

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