The Attorney-General of the Federation, Lateef Fagbemi (SAN), has taken over the prosecution of a former Attorney-General of the Federation, Abubakar Malami (SAN), and his son, Abdulaziz Malami, over alleged terrorism-related offences and unlawful possession of firearms.
The development emerged on Wednesday at the Federal High Court, Abuja, when the Director of Public Prosecutions of the Federation, Rotimi Oyedepo (SAN), informed the court that the case file had been transmitted from the Department of State Services (DSS) to the Office of the Attorney-General of the Federation.
Oyedepo told the court that he was informed by counsel to the DSS that the case file had been forwarded to the AGF’s office, prompting the prosecution to request a short adjournment to review the documents and decide on the next line of action.
“We ask your lordship for a very short date. If we have four days, it will be enough,” he said.
Counsel for the defendants, Adedayo Adedeji (SAN), did not oppose the application but urged the court to strike out the charge if the prosecution failed to open its case on the next adjourned date, citing alleged lack of diligent prosecution.
Responding, Oyedepo described the defence’s proposed application as premature.
Presiding judge Joyce Abdulmalik subsequently adjourned the matter to March 10, 2026, for the commencement of trial and directed the prosecution to formally open its case on that date.
The DSS had earlier arraigned Malami and his son on terrorism-related charges, including the alleged refusal to prosecute suspected terrorism financiers and unlawful possession of firearms.
In the charge marked 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 him while he served as Attorney-General of the Federation and Minister of Justice.
The defendants were also accused of storing firearms at their residence in Gesse Phase II Area, Birnin Kebbi Local Government Area of Kebbi State, without lawful authority.
According to the prosecution, in December 2025, Malami and his son allegedly possessed without a licence a Sturm Magnum firearm, 16 live cartridges, and 27 expended cartridges, an act said to be preparatory to terrorism and contrary to the Terrorism (Prevention and Prohibition) Act 2022 and the Firearms Act of Nigeria.
At their first appearance on February 3, both defendants pleaded not guilty to all the charges.
On the last adjourned date, the court granted them bail in the sum of N200 million each with two sureties in like sum.
However, they were ordered to be remanded at the Kuje Correctional Centre pending the perfection of their bail conditions.
The court also ruled that one of the sureties must own landed property in Maitama or Asokoro in Abuja and deposit the title documents with the Deputy Chief Registrar of the court along with a valid international passport.
The sureties were further directed to depose to affidavits of means and submit two recent passport photographs, while Malami and his son were ordered to surrender their international passports and submit recent passport photographs to the court.
