By By Elizabeth Ugbo
THE Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), has taken over the prosecution of former Attorney-General of the Federation, Abubakar Malami (SAN), and his son, Abdulaziz Malami, over alleged terrorism-related offences. The development occurred on Wednesday at the Federal High Court in Abuja, where the Director of Public Prosecutions of the Federation, Mr Rotimi Oyedepo (SAN), announced the transfer. The case involves allegations of terrorism financing and unlawful possession of firearms. Prosecutors claim the offences occurred in December 2025 in Kebbi State. The takeover followed the transmission of the case file from the Department of State Services to the Office of the AGF.
AGF Assumes Control of Prosecution
Oyedepo informed the court that DSS counsel confirmed the transfer of the case file. He added that the AGF’s office now supervises the matter.
As chief law officer of the federation, the AGF holds constitutional powers to initiate, take over, or discontinue criminal proceedings. Consequently, the takeover marks a major shift in the handling of the high-profile case.
Allegations Against Malami, Son
According to the prosecution, Malami and his son possessed a Sturm Magnum firearm without licence in December 2025. They allegedly kept 16 live cartridges and 27 expended cartridges.
Prosecutors described the act as preparatory to terrorism. They said it contravened the Terrorism (Prevention and Prohibition) Act, 2022 and the Firearms Act.
In charge number FHC/ABJ/CR/63/2026, the prosecution accused Malami of abetting terrorism financing. Authorities claimed he failed to prosecute suspected terrorism financiers. The case files were reportedly forwarded to him during his tenure as AGF.
In addition, the defendants allegedly stored firearms at their residence in Gesse Phase II Area, Birnin Kebbi Local Government Area of Kebbi State, without lawful authority.
Bail Conditions and Court Orders
At their first court appearance on February 3, both defendants pleaded not guilty. On the last adjourned date, the court granted them bail of N200 million each.
The court also required two sureties in like sum. However, it ordered their remand at the Kuje Correctional Centre pending fulfilment of the bail conditions.
Furthermore, one surety must own landed property in Maitama or Asokoro, Abuja. The surety must deposit title documents and a valid international passport with the Deputy Chief Registrar.
The sureties must also depose to affidavits of means and submit two recent passport photographs. Meanwhile, the defendants must surrender their international passports and provide recent photographs.
Trial Set for March 10
During proceedings, Oyedepo requested a short adjournment. He said the prosecution needed time to review the case file and determine its next step.
Defence counsel, Mr Adedayo Adedeji (SAN), did not oppose the request. However, he urged the court to strike out the charge if the prosecution fails to open its case at the next hearing.
In response, the DPPF described the defence’s position as premature. Thereafter, Justice Joyce Abdulmalik adjourned the case to March 10, 2026. She directed the prosecution to open its case on that date.
