The Attorney-General of the Federation, Lateef Fagbemi, has taken over the prosecution of former Attorney-General Abubakar Malami 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 in Abuja when the Director of Public Prosecutions of the Federation, Rotimi Oyedepo, informed the court that the case file had been transmitted from the Department of State Services to the Office of the Attorney-General of the Federation.
“My lord, I was informed by counsel to the DSS that the case file has been transmitted to the office of the AGF,” Oyedepo told the court, adding that the prosecution needed time to review the file and take an informed decision.
He requested a short adjournment to enable the prosecution study the documents, saying four days would be sufficient.
Counsel for the defendants, Adedayo Adedeji, did not oppose the request but urged the court to strike out the charge if the prosecution failed to open its case on the next adjourned date, alleging lack of diligent prosecution.
Responding, the DPP described the defence’s proposed application as premature.
Justice Joyce Abdulmalik subsequently adjourned the matter until March 10, 2026, for 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 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 of Birnin Kebbi Local Government Area in Kebbi State without lawful authority.
Specifically, the prosecution alleged that in December 2025, Malami and his son 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, the defendants pleaded not guilty to all charges.
On the last adjourned date, the court admitted them to bail in the sum of N200 million each, with two sureties in like sum.
They were, however, ordered to be remanded at the Kuje Correctional Centre pending the perfection of their bail conditions.
As part of the conditions, one of the sureties must own landed property in Maitama or Asokoro, Abuja, and deposit the title documents with the deputy chief registrar of the court alongside a valid international passport.
The sureties were also directed to depose to affidavits of means and submit two recent passport photographs.
Malami and his son were further ordered to surrender their international passports and submit recent passport photographs to the court.
