Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi, has officially assumed control of the prosecution of his predecessor, Abubakar Malami, in the terrorism and unlawful firearms possession case instituted against him by the Department of State Services, DSS.
Fagbemi, a Senior Advocate of Nigeria, SAN, took charge of the proceedings from the DSS on Wednesday at the Federal High Court in Abuja.
At Wednesday’s session, where the prosecution of Malami and his son, Abdulazeez Malami, was scheduled to commence, Fagbemi, acting through the Director of Public Prosecutions of the Federation, DPPF, Rotimi Oyedepo, SAN, announced his appearance in the case.
He informed Justice Joyce Abdulmalik that the trial could not move forward because Fagbemi had only just taken over the prosecution.
According to him, the case file was only recently transmitted to the AGF, and he required time to review it thoroughly before making an informed decision.
Malami, represented by Adedayo Adedeji, SAN, voiced displeasure over the delay in beginning the trial and urged the court to strike out the charge at the next adjourned date if the federal government presents any further excuses.
In response, the DPPF argued that the application to strike out the charge was premature and appealed to the Judge to disregard it.
After listening to submissions from both sides, Justice Abdulmalik adjourned the matter to March 10 for the AGF to formally open the trial.
The Court had on February 27 granted Malami and his son, Abdulaziz, bail in the sum of N200 million, with two sureties, each required to own landed property in either Maitama or Asokoro.
Justice Abdulmalik directed that the property titles be deposited with the Deputy Chief Registrar of the Court, alongside valid international passports.
The sureties were equally instructed to swear to affidavits of means and submit two recent passport photographs to the court.
Additionally, Malami and his son were ordered to surrender their international passports and recent passport photographs to the court.
The DSS had arraigned Malami and his son, Abdulaziz, on a five-count charge bordering on terrorism and illegal possession of firearms.
In the charge, marked FHC/ABJ/CR/63/2026, filed before the Federal High Court in Abuja, Malami is also accused of declining to prosecute alleged terrorism financiers whose case files were forwarded to him during his tenure as AGF and Minister of Justice.
Malami and Abdulaziz are further alleged to have stored firearms in their residence at Gesse Phase II Area, Birnin Kebbi LGA, Kebbi State, without lawful authorization.
The DSS accused Malami in count one of knowingly facilitating terrorism financing, while the former AGF and his son are charged in counts two to five with unlawful possession of a Sturm Magnum 17-0101 firearm, 16 Redstar AAA 5720 live cartridges and 27 expended Redstar AAA 5’20 cartridges, contrary to provisions of the Terrorism (Prevention and Prohibition) Act, 2022 and the Firearms Act, 2004.
It reads: “That you, Abubakar Malami of Gesse Phase II Area, Birnin Kebbi LGA, Kebbi State, Adult, male, sometime in November, 2022 at Federal Ministry of Justice, Maitama, Abuja, within the jurisdiction of this honourable court, did knowingly abet terrorism financing by refusing to prosecute terrorism financiers whose casefiles were brought to your office as the Attorney-General of the Federation, for prosecution, and thereby committed an offence contrary to and punishable under Section 26 (2) of Terrorism (Prevention and Prohibition) Act, 2022.
“Abubakar Malami and Abdulaziz Abubakar Malami of Gesse Phase II, Area, Birnin Kebbi LGA, Kebbi State, adults, males, sometime in December, 2025, in your res:dence at Gesse Phase II Area, Birnin Kebbi LGA, Kebbi State, within the jurisdiction of this Honourable Court, did engage in a conduct in preparation to commit act of terrorism by having in your possession and without licence, a Sturm Magnum 17-0101 firearm, Sixteen (16) Redstar AAA 5°20 live rounds of Cartridges and Twenty-Seven (27) expended Redstar AAA 5’20 Cartridges, and thereby committed an offence contrary to and punishable under Section 29 of Terrorism (Prevention and Prohibition) Act, 2022 .
“That you, Abubakar Malami and Abdulaziz Abubakar Malami, of Gesse Phase II Area, Birnin Kebbi LGA, Kebbi State, adults, males, sometime in December, 2025, in your residence at Gesse Phase II Area, Birnin Kebbi LGA, Kebbi State, within the jurisdiction of this honourable court, without licence, did have in your possession a Sturm Magnum 17-0101 firearm, and thereby committed an offence contrary to Section 3 of Firearms Act 2004 and punishable under Section 27 (1) of the same Act.
“That you, Abubakar Malami and Abdulaziz Abubakar Malami, of Gesse Phase II Area, Birnin Kebbi LGA, Kebbi State, adults, males, sometime in December, 2025, in your residence at Gesse Phase II Area, Birnin Kebbi LGA, Kebbi State, within the jurisdiction of this honourable court, without licence, did have in your possession sixteen (16) Redstar AAA 5’20 live rounds of cartridges, and thereby committed an offence contrary to Section 8(1) of Firearms Act 2004 and punishable under Section 27 (1) of the same Act.
“That you, Abubakar Malami and Abdulaziz Abubakar Malami, of Gesse Phase II Area, Birnin Kebbi LGA, Kebbi State, adults, males, sometime in December, 2025, in your residence at Gesse Phase II Area, Birnin Kebbi LGA, Kebbi State, within the jurisdiction of this honourable court, without licence, did have in your possession twenty-seven (27) expended Redstar AAA 5’20 cartridges, and thereby committed an offence contrary to Section 8(1) of Firearms Act 2004 and punishable under Section 27 (1) of the same Act.”
