|By Chinwendu Nwani
The Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, has formally taken over the prosecution of his predecessor, Abubakar Malami, in the high-stakes terrorism and illegal firearms case instituted by the Department of State Services (DSS).
Fagbemi assumed control of the case on Wednesday before Justice Joyce Abdulmalik of the Federal High Court, Abuja, halting the scheduled commencement of trial.
Through the Director of Public Prosecution of the Federation, Rotimi Oyedepo, SAN, the AGF announced his appearance and promptly informed the court that proceedings could not go on because the case file had just been transferred to his office for review.
Oyedepo told the court that Fagbemi required time to scrutinise the file and take an informed position before opening the prosecution’s case.
Malami’s counsel, Adedayo Adedeji, SAN, sharply criticised the delay and urged the court to strike out the charges at the next adjourned date should the Federal Government fail to proceed with the trial.
In response, the DPPF described the request as premature and asked the court to disregard it.
After hearing both sides, Justice Abdulmalik adjourned the matter until March 10 for the prosecution to open its case under the direct supervision of the AGF.
Earlier, on February 27, the court admitted Malami and his son, Abdulaziz Abubakar Malami, to N200 million bail each, with two sureties apiece. The sureties must own landed property in either Maitama or Asokoro, Abuja, and deposit the property titles with the Deputy Chief Registrar of the court.
The judge further ordered the sureties to submit affidavits of means and two recent passport photographs. Malami and his son were also directed to surrender their international passports and passport photographs to the court.
The DSS arraigned the former AGF and his son on a five-count charge bordering on terrorism financing and unlawful possession of firearms and ammunition.
In charge number 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 his office while he served as Attorney-General.
The prosecution also alleged that Malami and his son unlawfully stored a Sturm Magnum 17-0101 firearm, 16 live Redstar AAA 5’20 cartridges and 27 expended cartridges at their residence in Gesse Phase II Area, Birnin Kebbi Local Government Area of Kebbi State.
According to the DSS, the alleged offences contravene provisions of the Terrorism (Prevention and Prohibition) Act, 2022, and the Firearms Act, 2004.
The first count accuses Malami of abetting terrorism financing in November 2022 by declining to prosecute terrorism financiers. Counts two to five charge both defendants with unlawful possession of the firearm and ammunition without licence, and engaging in conduct allegedly preparatory to terrorism.
The case now shifts to the direct control of the nation’s chief law officer, setting the stage for a politically charged trial that could test the prosecutorial resolve of the Federal Government.
