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, who is facing terrorism and illegal firearms possession charges before the Federal High Court in Abuja.
The charges were originally filed by the Department of State Services (DSS), which arraigned Malami and his son, Abdulaziz Abubakar Malami, on a five-count charge bordering on terrorism financing and unlawful possession of firearms and ammunition.
The Director of Public Prosecutions of the Federation, Rotimi Oyedepo, announced Fagbemi’s appearance in the matter before Justice Joyce Abdulmalik.
Oyedepo told the court that the trial could not proceed as scheduled because the Attorney General had just assumed responsibility for the case and required time to study the facts.
“The prosecution has just taken over this matter and will need time to familiarise itself with the case file,” Oyedepo said.
Counsel to the defendants, Adedayo Adedeji, did not oppose the request for adjournment but urged the court to strike out the case if the prosecution fails to open its case at the next sitting.
“We urge my lord to strike out the matter for lack of diligent prosecution should the prosecution fail to proceed on the next adjourned date,” Adedeji submitted.
Justice Abdulmalik subsequently adjourned the matter to March 10 for trial and directed the prosecution to formally open its case on that date.
Early last month the court admitted Malami and his son to bail in the sum of ₦200 million each, with two sureties apiece.
Justice Abdulmalik ruled that each surety must own landed property in either Maitama or Asokoro districts of Abuja. The title documents are to be deposited with the Deputy Chief Registrar of the court alongside valid international passports.
The sureties were also ordered 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.
In the charge marked FHC/ABJ/CR/63/2026, the DSS accused Malami of knowingly abetting terrorism financing by allegedly refusing to prosecute suspected terrorism financiers while serving as Attorney General.
“That you, Abubakar Malami… did knowingly abet terrorism financing by refusing to prosecute terrorism financiers whose casefiles were brought to your office… and thereby committed an offence contrary to Section 26 (2) of the Terrorism (Prevention and Prohibition) Act, 2022,” the charge sheet reads.
Malami and his son are also accused of unlawfully possessing a Sturm Magnum 17-0101 firearm, 16 live Redstar AAA 5’20 cartridges, and 27 expended cartridges at their residence in Gesse Phase II Area, Birnin Kebbi LGA, Kebbi State.
According to the DSS, the alleged offences contravene provisions of the Terrorism (Prevention and Prohibition) Act, 2022, and the Firearms Act, 2004.
The case is expected to resume on March 10 when the prosecution is scheduled to open its case.
