The Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, has taken over the prosecution of his predecessor, Abubakar Malami, who is facing terrorism and illegal firearms possession charges.
Malami and his son, Abdulaziz, were arraigned by the Department of State Services (DSS) before the Federal High Court in Abuja.
Fagbemi, a Senior Advocate of Nigeria (SAN), formally assumed control of the case on Wednesday. The Director of Public Prosecutions of the Federation, Rotimi Oyedepo, announced the Attorney-General’s appearance before Justice Joyce Abdulmalik.
Oyedepo informed the court that the prosecution was not ready to proceed, explaining that the Attorney-General had just taken over the matter and required time to familiarise himself with the case file.
Counsel to the defendants, Adedayo Adedeji, did not oppose the request for an adjournment but urged the court to strike out the case if the prosecution fails to open its case at the next hearing, citing lack of diligent prosecution.
Justice Abdulmalik subsequently adjourned the matter to March 10 for trial and for the prosecution to formally open its case.
On February 27, the court admitted Malami and his son to bail in the sum of ₦200 million each, with two sureties apiece. Each surety must own landed property in either Maitama or Asokoro, Abuja. The court ordered that the property titles be deposited with the Deputy Chief Registrar, alongside valid international passports.
The sureties are also required to depose to affidavits of means and submit two recent passport photographs. Malami and his son were further directed to surrender their international passports and passport photographs to the court.
The DSS filed a five-count charge marked FHC/ABJ/CR/63/2026, alleging terrorism-related offences and unlawful possession of firearms.
In count one, Malami is accused of knowingly abetting terrorism financing by allegedly refusing to prosecute suspected terrorism financiers while serving as Attorney-General.
Counts two to five charge Malami and his son with unlawful possession of a Sturm Magnum 17-0101 firearm, 16 Redstar AAA live cartridges, and 27 expended cartridges, contrary to provisions of the Terrorism (Prevention and Prohibition) Act, 2022, and the Firearms Act, 2004.
The prosecution further alleges that the firearms and ammunition were recovered from their residence in Gesse Phase II, Birnin Kebbi Local Government Area of Kebbi State, and that the items were kept without lawful authority.
Both defendants have pleaded not guilty to the charges.
