Nigeria’s Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), has officially assumed control of the prosecution of a former Attorney-General, Abubakar Malami (SAN), and his son, Abdulaziz Malami, 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, Rotimi Oyedepo (SAN), informed the court that the case file had been transferred from the Department of State Services (DSS) to the Office of the Attorney-General of the Federation.
Addressing the court, Oyedepo said the prosecution needed time to review the documents before proceeding with the trial.
“My lord, I was informed by counsel to the DSS that the case file has been transmitted to the office of the AGF,” he said.
He requested a short adjournment to enable the prosecution to study the case file and determine the next course of action, noting that four days would be sufficient.
Counsel for the defendants, Adedayo Adedeji (SAN), did not oppose the request but urged the court to strike out the charges if the prosecution failed to commence the trial on the next adjourned date, citing concerns over possible delay in prosecution.
However, the DPP described the defence’s suggestion as premature.
Presiding judge, Justice Joyce Abdulmalik, subsequently adjourned the matter to March 10, 2026, directing the prosecution to formally open its case on that date.
The DSS had earlier arraigned Malami and his son on charges bordering on terrorism financing and illegal possession of firearms.
In the charge marked FHC/ABJ/CR/63/2026, Malami is accused of allegedly abetting terrorism financing by refusing to prosecute certain suspects whose case files were forwarded to him while he served as Attorney-General of the Federation.
The prosecution also alleged that Malami and his son stored firearms at their residence in Gesse Phase II Area, Birnin Kebbi Local Government Area of Kebbi State, without lawful authority.
According to the charge, in December 2025, the defendants were found in possession of a Sturm Magnum firearm, 16 live cartridges, and 27 expended cartridges without a licence.
Prosecutors claim the possession was preparatory to terrorism and violated provisions of the Terrorism (Prevention and Prohibition) Act, 2022, as well as the Firearms Act.
At their first appearance in court on February 3, Malami and his son pleaded not guilty to all charges.
The court later granted them bail in the sum of N200 million each, with two sureties in like sum. However, they were ordered to remain at the Kuje Correctional Centre pending the fulfilment of their bail conditions.
As part of the requirements, one surety must own landed property in Maitama or Asokoro, Abuja, and deposit the property’s title documents with the Deputy Chief Registrar of the court alongside a valid international passport.
The sureties were also directed to submit affidavits of means and provide two recent passport photographs.
Additionally, Malami and his son were ordered to surrender their international passports and submit their passport photographs to the court pending the determination of the case.
