The Minister of Justice and Attorney General of the Federation, Lateef Fagbemi, has taken over the prosecution of his immediate predecessor, Abubakar Malami.
Malami faces terrorism and illegal firearms possession charges brought against him by the Department of the State Service (DSS).
Fagbemi, a Senior Advocate of Nigeria (SAN) took over the trial from the DSS on Wednesday at the Federal High Court in Abuja.
The Director of the Public Prosecution of the Federation, Rotimi Oyedepo, announced the attorney general’s appearance in the matter.
Oyedepo told Justice Joyce Abdulmalik that the trial cannot proceed because Fagbemi has just taken over the prosecution.
He informed the court that the prosecution needed more time to familiarise itself with the facts of the case.
Counsel to the defendants, Adedayo Adedeji, who did not oppose the application, however urged the court to strike out the matter if the prosecution fails to open its case at the next adjourned date, citing lack of diligent prosecution.
Justice Abdulmalik subsequently adjourned the matter to March 10 for trial and for the prosecution to formally open its case.
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The Court had on February 27 admitted Malami and his son, Abdulaziz to ₦200m bail, with two sureties, each one of whom must own landed property either in Maitama or Asokoro.
Justice Abdulmalik had said that the title of the property must be deposited with the Deputy Chief Registrar of the Court along with valid international passports.
The sureties were also ordered to depose to affidavit of means and submit their two recent passport photographs with the court.
Malami and his son were also ordered to submit 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 firearms possession.
In the charge, marked, FHC/ABJ/CR/63/2026, filed before the Federal High Court in Abuja, Malami is also accused of refusing to prosecute suspected terrorism financiers, whose case files were handed to him while he served as the AGF and Minister of Justice.
Malami and Abdulaziz are equally accused of warehousing firearms in their residence at Gesse Phase II Area, Birain Kebbi LGA, Kebbi State without lawful authority.
The DSS accused Malami in count one of the charge, with knowingly abetting terrorism financing, while the ex-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 rounds of cartridges and 27 expended Redstar AAA 5’20 cartridges, contrary to and punishable under relevant Sections of Terrorism (Prevention and Prohibition) Act, 2022 and Firearms Act, 2004.
“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,” the charge sheet read.
“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 .
