Human rights lawyer, Professor Chidi Odinkalu, has raised concerns over a charge reportedly filed against former Attorney-General of the Federation (AGF), Abubakar Malami, SAN, describing it as a serious threat to the integrity of the office.

In comments posted on his X handle on Wednesday, February 4, 2026, Odinkalu called for urgent corrective action by the current AGF, Lateef Fagbemi, SAN, urging him to take over the matter and seek withdrawal of the count, which he described as “in error or at worst, unlawful overreach.”

Odinkalu warned that retaliatory prosecutions that undermine constitutional safeguards weaken the justice system, emphasizing that such acts, even as forms of reprisal, are worse than “biting off the nose to spite your prosecutorial face.”

Noting the high constitutional standing of the AGF’s office, Odinkalu reminded that the title “Honourable” is traditionally prefixed to the officeholder’s designation. “The office of the Attorney-General of the Federation is usually prefixed with the word ‘Honourable’. In Nigeria, therefore, the occupant is addressed as HAGF — Honorable Attorney-General of the Federation,” he said.

Odinkalu highlighted Malami’s eight-year tenure from 2015 to 2023, making him the second longest-serving AGF in Nigeria’s history, behind the late Taslim Elias. However, he criticized Malami’s tenure, stating: “As HAGF, Malami inflicted extraordinary dishonour on the office, reducing an office of the highest constitutional salience into an object of both grubbiness & disrepute.”

While acknowledging Malami’s entitlement to the presumption of innocence, Odinkalu expressed limited sympathy, adding: “Of course, as an accused, he is entitled to presumption of innocence. That said, I hope that he receives the benefit of kind of law that he visited on his many victims. The lawyers call it the discipline of ‘precedent’. He deserves everything that happens to him.”

Odinkalu specifically flagged one charge against Malami, alleging that he knowingly refused to prosecute terrorism financiers whose files were submitted to his office, citing Section 26(2) of the Terrorism (Prevention and Prohibition) Act, 2022.

He described the allegation as “extraordinarily serious” but legally unsustainable, insisting: “The charge is neither tenable under the Constitution nor cognisable under the Terrorism (Prevention and Prohibition) Act when applied to a serving or former Attorney-General. Many people often have reason to disagree with prosecutorial decisions by a HAGF, but that discretion enjoys fortified constitutional protection for good reason.”

Odinkalu cautioned that allowing the charge to stand could have far-reaching consequences for the AGF’s office, including for the current occupant, Lateef Fagbemi. “Current Attorney-General, Lateef Fagbemi, surely knows that a HAGF cannot be charged under law with ‘refusing’ to prosecute anyone. Inherently, it is unlawful,” he said.

He further warned that endorsing such a charge, even against a controversial predecessor, could set a dangerous precedent: “Functionally, he must know that if he acquiesces in this charge against even a disreputable predecessor like Malami, every subsequent HAGF, including himself, is fated to end up in jail. I make this point not for the sake of Malami — for whom I can only wish the Rule of Law. Instead, it is for the preservation of the high constitutional office of HAGF.”

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