BREAKING: AGF Fagbemi Takes Over Prosecution of Ex-AGF Malami on Terrorism Charges
The Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, has formally assumed control of the prosecution of his predecessor, Abubakar Malami, in the terrorism and illegal firearms case instituted by the Department of State Services (DSS).
Fagbemi, a Senior Advocate of Nigeria (SAN), took over the case on Wednesday before the Federal High Court in Abuja.
At the proceedings, which were scheduled for the commencement of trial against Malami and his son, Abdulazeez Malami, the AGF announced his appearance through the Director of Public Prosecutions of the Federation (DPPF), Rotimi Oyedepo, SAN.
Addressing Justice Joyce Abdulmalik, the DPPF informed the court that the trial could not proceed as the Attorney-General had only just taken over the matter. He explained that the case file had recently been delivered to the AGF, who required time to review it and make an informed decision.
Counsel to Malami, Adedayo Adedeji, SAN, expressed displeasure over the delay in commencing the trial and urged the court to strike out the charge at the next adjourned date if the Federal Government provided any further excuses. In response, the DPPF described the request as premature and asked the court to disregard it.
After hearing arguments from both sides, Justice Abdulmalik adjourned the matter until March 10 for the trial to commence under the direction of the AGF.
Earlier, on February 27, the court granted Malami and his son bail in the sum of N200 million each, with two sureties apiece. The sureties are required to own landed property in either Maitama or Asokoro, Abuja, and must deposit the property titles with the Deputy Chief Registrar of the court, alongside valid international passports. They are also to depose to affidavits of means and submit two recent passport photographs.
Malami and his son were additionally ordered to surrender their international passports and recent passport photographs to the court.
The DSS had arraigned the former AGF and his son on a five-count charge bordering on terrorism and unlawful possession of firearms. In the charge, marked FHC/ABJ/CR/63/2026, Malami is accused of allegedly refusing to prosecute suspected terrorism financiers whose case files were forwarded to him during his tenure as Attorney-General.
The defendants are also alleged to have unlawfully stored a Sturm Magnum 17-0101 firearm, 16 Redstar AAA 5’20 live rounds of cartridges, and 27 expended Redstar AAA 5’20 cartridges at their residence in Gesse Phase II Area, Birnin Kebbi Local Government Area of Kebbi State, without lawful authority.
Specifically, the DSS accused Malami in count one of knowingly abetting terrorism financing by declining to prosecute suspected financiers, contrary to Section 26(2) of the Terrorism (Prevention and Prohibition) Act, 2022. Counts two to five charge both Malami and his son with unlawful possession of firearms and ammunition, contrary to relevant provisions of the Terrorism (Prevention and Prohibition) Act, 2022 and the Firearms Act, 2004.
The prosecution alleges that the offences were committed in November 2022 at the Federal Ministry of Justice, Maitama, Abuja, and in December 2025 at their residence in Birnin Kebbi.
