The irony in the circumstances surrounding Abubakar Malami's recent legal troubles cannot be overlooked. He served as the principal law officer behind the prosecution of Sambo Dasuki, wielding state power against perceived adversaries for almost eight years. Now, he finds himself on the opposing end of this very judicial system he meticulously crafted.
Some may refer to it as karma; alternatively, one could phrase it more traditionally: what you do to others may eventually come back to you. Nigeria's recent political past exemplifies this truth through the divergent journeys of Sambo Dasuki and Abubakar Malami.
Sympathy for Malami during his current issues with the EFCC and the SSS may indeed neglect the fate that befell Dasuki, who was taken into custody just hours after vacating his office. Dasuki's case remains a profound indictment of executive overreach during Nigeria's democratic era, showcasing how personal grudges, political retribution, and blatant disregard for judicial authority can masquerade as justice.
Dasuki's saga has deep-seated ties to Nigeria's military history. He significantly contributed to the funding and planning of the 1983 coup that brought General Muhammadu Buhari to power, according to retired Colonel Mustapha Jokolo, the former ADC to Buhari. He was also involved in the 1985 countercoup that ousted Buhari and ushered in General Ibrahim Babangida. Although Dasuki did not lead the arrest of Buhari, Colonel Abdulmumini Aminu, who orchestrated that operation, confirmed that Dasuki was not among those present at the arrest. These historical nuances are crucial as the resultant bitterness has lingered over the years.
In late 2015, Dasuki was apprehended and charged with money laundering, stemming from the alleged misappropriation of funds allocated for arms procurement during the Jonathan administration. However, those pursuing his prosecution consistently failed to acknowledge that during his tenure as NSA, he effectively reclaimed numerous towns from terrorist hold while banditry had yet to establish itself in the North-West and North-Central, an encroachment that escalated only later under Buhari's leadership.
Despite appearing formally serious, the subsequent developments were even more troubling: a relentless attack on the rule of law. Multiple courts confirmed his bail, fulfilling all conditions, yet he faced immediate re-arrests without fresh charges each time, ultimately becoming the only public official in Nigerian history to remain in detention despite bail from four courts, including the ECOWAS Court.
In an alarming turn of events, Malami claimed in an interview with VOA that Dasuki had caused the deaths of 100,000 people, justifying his continued detention—contrary to court orders — by citing national security concerns. This misrepresentation, coupled with a media trial mentality, led to his summons before the Legal Practitioners Disciplinary Committee (LPDC) in 2019, where he later recanted his statement.
President Buhari later made a firm declaration during a televised press interaction, stating that Dasuki would not be freed regardless of court rulings and labeling him a security threat. This explicit display of executive disdain for judicial authority was notably unusual.
Apart from physical detention, the Buhari administration normalized media trials, wherein public opinion often dictated outcomes well before an actual court's judgment. The EFCC and the SSS became the preeminent tools of this method.
The case of Colonel Nicholas Ashinze exemplifies this issue. Ashinze, a military intelligence officer who was integral in operations leading to the reclamation of territories from Boko Haram, found himself facing unfounded charges, while the EFCC had to retract an inaccurate statement that sparked an uncommon judicial reprimand.
Justice Gabriel Kolawole condemned the conduct of the EFCC, deeming its remarks against Ashinze as “scandalous and deleterious to the right to a fair trial.” The agency was ordered to apologize publicly, resulting in compliance attributed to an internal “mix-up.”
Further highlighting the climate of impunity during this period, the arms probe panel under the Office of the National Security Adviser (ONSA), led by Air Vice Marshal Jon Odeh, was dissolved following accusations of receiving bribes from those under investigation. Such incidents highlighted the rampant institutional malpractice that defined the era.
Perhaps the most heart-wrenching element of Dasuki’s plight was the treatment of his father, the late Alhaji Ibrahim Dasuki, a former Sultan of Sokoto and a revered traditional and Islamic figure in Nigeria. He consistently faced denial of permission to visit his son in incarceration, ultimately passing away without reuniting with him. This was widely condemned as unnecessary cruelty, reflecting how political rivalries can transcend into unforgiving depths.
In comparison, following corruption allegations, when former Kaduna State Governor Nasir el-Rufai was detained by the current administration led by President Bola Ahmed Tinubu, he was swiftly released upon his mother's death. I perceive this gesture positively, while hoping that compassion is exercised consistently, affirming that no public official should remain in custody awaiting trial for extended periods.
Dasuki experienced his release on Christmas Eve of 2019, after over four years in custody, which felt less like justice and more akin to a political maneuver that had reached its expiration date.
In stark contrast, Malami, who held the position of attorney-general and minister of justice from 2015 to 2023, faced arrest by the EFCC in 2025 on a litany of allegations, including corruption and the illegal possession of firearms.
The irony is glaring; Malami was the very individual who sanctioned and oversaw Dasuki's prosecution, utilizing state powers against those he viewed as adversaries for eight years. Now he finds himself subject to the consequences of the same system he was instrumental in designing.
However, a significant difference exists today. Within a mere two months, Malami obtained bail from both the EFCC and the SSS, avoiding sensational media trials, re-arrests post-bail conditions fulfillment, and any presidential declarations of his detention irrespective of judicial commands. While opinions may differ regarding the current administration's approach, the contrasting treatment of Dasuki raises serious concerns.
The systemic neglect for due process under the Buhari administration permeated beyond political adversaries. On June 9, 2016, the Nigerian Army abruptly retired 38 senior officers—comprising nine major generals, eleven brigadier generals, seven colonels, and eleven lieutenant colonels—without formal notification. Allegations of vague “professional corruption” were the entirety of their indictment, with no formal charges or trials initiated under military guidelines.
These individuals were distinguished officers. For instance, Colonel Mohammed Suleiman uniquely thwarted a Boko Haram incursion on Aso Rock, while Colonel Danladi Hassan spearheaded troops in reclaiming territories, and Lt Colonel Mohammed Abdulfatai commanded a specialized counterinsurgency operation in Konduga, resulting in over 200 terrorists being eliminated in December 2014. Yet, they found themselves dismissed without the opportunity for dignified redress.
The National Industrial Court ruled six times that these dismissals were unlawful, calling for their reinstatement with full benefits—a conclusion echoed by both the Senate and House of Representatives. However, these resolutions were fundamentally ignored by the Army. One such retired officer, Ojebo Ochankpa, died waiting for justice in 2017.
Nearly ten years have passed, and many remain un-reinstated, vindicated by various courts yet denied the justice prescribed.
This legacy falls squarely on the shoulders of the administration that Malami once served and championed. By any sincere assessment, it represents one of the most lawless intervals in Nigeria's representative history.
As we advocate for Malami's right to the fair trial that Dasuki was denied, we must also pursue accountability for those responsible for the previous abuses—not through additional illegality but instead by invoking the very institutions they once subverted.
Ultimately, what you do to others may come back to you. The essential question is if this time, we can achieve it in a more just manner.
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