Lateef Fagbemi, Attorney General of the Federation (AGF) and Minister of Justice, has formally assumed control of the prosecution of his predecessor, Abubakar Malami, in an ongoing terrorism and illegal firearms case instituted by the Department of State Services (DSS).
The announcement was made on Wednesday at the Federal High Court in Abuja, where Fagbemi, a Senior Advocate of Nigeria (SAN), appeared through the Director of Public Prosecutions of the Federation (DPPF), Rotimi Oyedepo, SAN.
At the commencement of proceedings before Justice Joyce Abdulmalik, Oyedepo informed the court that the AGF had just taken over the matter and that the case file had only recently been delivered to his office. He requested time to review the documents in order to make an informed decision on how to proceed.
The trial, which was scheduled to begin on Wednesday, could not proceed as planned due to the development.
Counsel to Malami, Adedayo Adedeji, SAN, expressed dissatisfaction over the delay and urged the court to strike out the charge at the next adjourned date should the Federal Government fail to proceed with the case. In response, the DPPF described the request as premature and asked the court to disregard it.
After hearing submissions from both parties, Justice Abdulmalik adjourned the matter to March 10 for the formal commencement of trial under the AGF’s supervision.
Bail Conditions
The court had earlier, on February 27, granted Malami and his son, Abdulaziz Abubakar Malami, bail in the sum of ₦200 million each. They are required to provide two sureties apiece, each of whom must own landed property in either Maitama or Asokoro districts of Abuja.
Justice Abdulmalik directed that the title documents of the properties be deposited with the Deputy Chief Registrar of the court, alongside valid international passports. The sureties are also to depose to affidavits of means and submit two recent passport photographs.
Additionally, both defendants were ordered to surrender their international passports and recent passport photographs to the court.
Charges Filed by DSS
The DSS arraigned Malami and his son on a five-count charge bordering on terrorism financing and unlawful possession of firearms and ammunition.
In charge number FHC/ABJ/CR/63/2026, Malami is accused of knowingly abetting terrorism financing by allegedly refusing to prosecute suspected terrorism financiers whose case files were forwarded to his office while he served as AGF.
The defendants are also accused of unlawfully possessing a Sturm Magnum 17-0101 firearm, 16 Redstar AAA 5’20 live cartridges, and 27 expended Redstar AAA 5’20 cartridges at their residence in Gesse Phase II Area, Birnin Kebbi Local Government Area of Kebbi State.
According to the DSS, the alleged offences contravene provisions of the Terrorism (Prevention and Prohibition) Act, 2022, and the Firearms Act, 2004.
Malami and his son have yet to open their defence as the trial awaits formal commencement under the Attorney General’s office.
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