The Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), has formally taken over the prosecution of his immediate predecessor, Abubakar Malami, in the ongoing terrorism and firearms case before the Federal High Court in Abuja.
Malami and his son, Abdulaziz, are facing a five-count charge filed by the Department of State Services (DSS), bordering on alleged terrorism financing, unlawful possession of firearms, and illegal ammunition.
At Wednesday’s proceedings, the Director of Public Prosecutions of the Federation, Rotimi Oyedepo, announced Fagbemi’s appearance in the matter before Justice Joyce Abdulmalik. Oyedepo informed the court that the Attorney-General had just assumed control of the case and would require time to properly review the facts and evidence.
He consequently requested an adjournment, explaining that the prosecution was not yet prepared to open its case.
Counsel to the defendants, Adedayo Adedeji, did not oppose the application but urged the court to strike out the charges if the prosecution fails to commence trial at the next adjourned date, citing the need for diligent prosecution.
Justice Abdulmalik subsequently adjourned the case to March 10 for the formal commencement of trial.
Bail Conditions
On February 27, the court admitted Malami and his son to bail in the sum of ₦200 million each, with two sureties apiece. The sureties must own landed property in either Maitama or Asokoro, Abuja, and deposit the title documents with the Deputy Chief Registrar of the court.
They are also required to submit valid international passports, recent passport photographs, and affidavits of means. The defendants were similarly ordered to surrender their international passports and passport photographs.
The Charges
According to the charge sheet marked FHC/ABJ/CR/63/2026, Malami is accused in one count of knowingly abetting terrorism financing by allegedly refusing to prosecute certain suspected terrorism financiers while serving as Attorney-General of the Federation.
The DSS claims that the case files of the suspects were forwarded to his office during his tenure, but no prosecution followed — an act the agency alleges amounts to abetment under Section 26(2) of the Terrorism (Prevention and Prohibition) Act, 2022.
In additional counts, Malami and his son are accused of unlawfully possessing a Sturm Magnum 17-0101 firearm, 16 live rounds of Redstar AAA 5’20 cartridges, and 27 expended cartridges at their residence in Gesse Phase II Area, Birnin Kebbi Local Government Area of Kebbi State.
The prosecution alleges that the items were kept without lawful authority and that the possession constituted preparation for acts of terrorism under Section 29 of the Terrorism (Prevention and Prohibition) Act, 2022, as well as violations of Sections 3 and 8(1) of the Firearms Act, 2004.
Both defendants have pleaded not guilty to all charges.
The case marks a significant legal development, not only because it involves a former chief law officer of the federation, but also because it is now being directly prosecuted by his successor — a rare and closely watched moment in Nigeria’s legal and political landscape.
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