The Attorney-General of the Federation, Lateef Fagbemi (SAN), has assumed control of the prosecution of a former AGF, Abubakar Malami (SAN), and his son, Abdulaziz, 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, Mr Rotimi Oyedepo (SAN), 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.
He sought an adjournment to enable the prosecution to review the case file and take an informed decision, adding that a short date would suffice.
“We ask your lordship for a very short date. If we have four days, it will be enough,” he said.
Counsel for the defendants, Mr 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, alleging lack of diligent prosecution.
Responding, the DPPF described the defence’s proposed application as premature.
Justice Joyce Abdulmalik subsequently adjourned the matter to March 10, 2026, for commencement of trial and directed the prosecution to formally open its case on that date.
The DSS had 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, Birnin Kebbi Local Government Area of 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, as well as the Firearms Act.
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 N200m 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.
