The trial of former Attorney General Abubakar Malami has taken a new turn as the current Minister of Justice and Attorney General of the Federation, Lateef Fagbemi, assumed responsibility for prosecuting his predecessor.
Malami and his son face serious allegations involving terrorism and the illegal possession of firearms, previously brought against them by the Department of State Services (DSS).
Fagbemi, a Senior Advocate of Nigeria (SAN), formally took over the case on Wednesday at the Federal High Court in Abuja. The Director of Public Prosecution, Rotimi Oyedepo, informed Justice Joyce Abdulmalik that the proceedings could not continue immediately as the new prosecutor required additional time to acquaint himself with the details of the matter.
Counsel for the defendants, while not opposing the development, urged the court to strike out the case if the prosecution fails to open its case at the next adjourned date, citing concerns over diligent handling. The court consequently adjourned the matter to March 10 for the formal opening of the prosecution’s case.
Previously, on February 27, the court had admitted Malami and his son to bail set at ₦200 million, requiring two sureties, each owning landed property within Maitama or Asokoro.
The sureties were mandated to deposit property titles and valid international passports with the Deputy Chief Registrar, in addition to providing affidavits of means and recent passport photographs. Malami and his son were similarly required to submit their international passports and updated photographs.
The five-count charge, filed under FHC/ABJ/CR/63/2026, accuses Malami of failing to prosecute suspected terrorism financiers whose case files were presented to him during his tenure as AGF and Minister of Justice. Both he and his son are also charged with the illegal possession of firearms at their residence in Kebbi State. Count one alleges that Malami knowingly abetted terrorism financing by refusing to prosecute individuals whose files were delivered to his office, a violation of Section 26(2) of the Terrorism (Prevention and Prohibition) Act, 2022. Counts two to five accuse the former AGF and his son of unlawfully possessing a Sturm Magnum 17-0101 firearm, sixteen live Redstar AAA cartridges, and twenty-seven expended cartridges, offenses punishable under the same Act and the Firearms Act, 2004.
The charge sheet specifies that during December 2025, the defendants allegedly had in their possession firearms and ammunition without the necessary licenses. Each count details possession violations under relevant sections of both the Terrorism (Prevention and Prohibition) Act and the Firearms Act.
The DSS maintains that these actions constituted preparation to commit acts of terrorism and violated national security regulations. The case has attracted significant attention due to the high-profile nature of the accused and the gravity of the charges.
What you should know
The Federal High Court in Abuja is set to continue the prosecution of former Attorney General Abubakar Malami and his son, who are accused of terrorism-related offenses and unlawful possession of firearms.
With the current AGF, Lateef Fagbemi, taking over the prosecution, the trial has been adjourned to March 10 to allow sufficient time for the prosecution to familiarize itself with the case.
The outcome will be closely monitored given the high-profile status of the accused and the serious national security implications of the charges.
