The Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), has taken over the prosecution of former AGF, Abubakar Malami (SAN), and his son, Abdulaziz, over alleged terrorism-related offences and unlawful possession of firearms.
The development was disclosed 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 transferred from the Department of State Services to the Office of the Attorney-General of the Federation.
Oyedepo told the court that he was informed by counsel to the DSS that the case file had already been transmitted to the AGF’s office. He requested a short adjournment to enable the prosecution to review the file and determine its next line of action, stating that four days would be sufficient.
Counsel to the defendants, Mr Adedayo Adedeji (SAN), did not oppose the request but asked the court to strike out the charge if the prosecution failed to commence trial on the next adjourned date, citing lack of diligent prosecution. The DPP described the defence’s position as premature.
Justice Joyce Abdulmalik adjourned the case until March 10, 2026, for the commencement of trial and directed the prosecution to open its case on that date.
The DSS had arraigned Malami and his son on allegations bordering on terrorism, including claims that Malami failed to prosecute suspected terrorism financiers while serving as Attorney-General of the Federation and Minister of Justice.
In the charge marked FHC/ABJ/CR/63/2026, the prosecution alleged that Malami knowingly aided terrorism financing by declining to act on case files forwarded to him. The defendants were also accused of unlawfully storing firearms at their residence in Gesse Phase II Area of Birnin Kebbi Local Government Area, Kebbi State.
According to the prosecution, in December 2025, the defendants allegedly possessed a Sturm Magnum firearm, 16 live cartridges, and 27 expended cartridges without a valid licence. The offences were said to contravene the Terrorism (Prevention and Prohibition) Act, 2022, and the Firearms Act.
At their initial arraignment on February 3, both defendants pleaded not guilty to the charges.
The court had earlier granted them bail in the sum of N200 million each, with two sureties in like sum. They were, however, remanded at the Kuje Correctional Centre pending the fulfilment of their bail conditions.
As part of the conditions, one surety must own landed property in Maitama or Asokoro, Abuja, and deposit the title documents with the Deputy Chief Registrar of the court, along with a valid international passport. The sureties are also required 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.
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