The Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), has assumed control of the prosecution of former Attorney-General of the Federation, Abubakar Malami (SAN), and his son, Abdulaziz Malami, over alleged terrorism-related offences and unlawful possession of firearms, in a development that unfolded on Wednesday during proceedings at the Federal High Court in Abuja.
The takeover of the prosecution by the Office of the Attorney-General emerged when the Director of Public Prosecutions of the Federation, Mr Rotimi Oyedepo (SAN), informed the court that the case file had been formally transmitted from the Department of State Services (DSS) to the Office of the Attorney-General of the Federation for review and further action.
Addressing the court during the session presided over by Justice Joyce Abdulmalik, Oyedepo disclosed the procedural development and clarified the current status of the case, stating: “My lord, I was informed by counsel to the DSS that the case file has been transmitted to the office of the AGF.”
The announcement marked a significant shift in the management of the case, as the Attorney-General’s office assumed responsibility for evaluating the evidence, determining the prosecution strategy, and deciding how the matter would proceed before the court.
Following the disclosure, Oyedepo requested a brief adjournment to enable the prosecution team to thoroughly examine the case file and make an informed decision regarding the next steps in the proceedings. Emphasising the need for a short timeframe, the Director of Public Prosecutions appealed to the court for a limited postponement of the trial, explaining that the prosecution required only a few days to complete its review.
He told the court: “We ask your lordship for a very short date. If we have four days, it will be enough.” Counsel representing the defendants, Mr Adedayo Adedeji (SAN), did not oppose the request for an adjournment but urged the court to take a firm position should the prosecution fail to commence its case at the next hearing date.
Adedeji argued that the case had already experienced delays and suggested that the court should strike out the charge if the prosecution did not open its case on the next adjourned date, citing what he described as a lack of diligent prosecution. In response, the DPPF rejected the defence’s suggestion, describing the proposed application as premature and insisting that the prosecution required a short period to review the case file before proceeding with the trial.
After listening to the submissions from both sides, Justice Abdulmalik granted the prosecution’s request and adjourned the matter to March 10, 2026, for the commencement of trial. The judge also directed the prosecution to formally open its case on that date, setting the stage for what is expected to be a closely watched legal proceeding involving one of Nigeria’s former top law officers.
The case traces its origin to charges earlier filed by the DSS against Malami and his son, accusing them of terrorism-related offences and unlawful possession of firearms. According to the security agency, the allegations include the refusal to prosecute suspected terrorism financiers as well as the unlawful storage of firearms, offences which prosecutors claim violate provisions of Nigeria’s anti-terrorism and firearms legislation.
Court documents show that in the charge marked FHC/ABJ/CR/63/2026, Malami is accused of knowingly abetting terrorism financing by allegedly refusing to prosecute certain individuals suspected of funding terrorism activities. The prosecution alleged that case files relating to the suspects had been forwarded to him during his tenure as Attorney-General of the Federation and Minister of Justice, but that he failed to initiate prosecution.
The DSS contends that this refusal constituted an act that aided or abetted terrorism financing. In addition to the allegations concerning terrorism financing, the prosecution also accused the defendants of illegally storing firearms at their residence in Gesse Phase II Area, Birnin Kebbi Local Government Area of Kebbi State without lawful authority.
Prosecutors further alleged that in December 2025, Malami and his son were found in possession of a Sturm Magnum firearm, 16 live cartridges, and 27 expended cartridges without a licence, which the prosecution described as an act preparatory to terrorism and contrary to provisions of the Terrorism (Prevention and Prohibition) Act, 2022 and the Firearms Act.
The case has progressed through several procedural stages since the defendants were first brought before the court earlier in the year. At their initial appearance on February 3, Malami and his son pleaded not guilty to all the charges brought against them by the DSS.
Following arguments from both the prosecution and defence teams on bail, the court, on the last adjourned date, granted the defendants bail in the sum of N200 million each, with two sureties required in like sum. However, the court ordered that the defendants remain in custody at the Kuje Correctional Centre pending the fulfilment of their bail conditions. The court also imposed several strict requirements on the sureties who would stand for the defendants.
Among the conditions stipulated by the court was that one of the sureties must own landed property in Maitama or Asokoro, Abuja, two high-profile districts within the Federal Capital Territory. The court further directed that the title documents for the property be deposited with the Deputy Chief Registrar of the court along with a valid international passport belonging to the surety.
In addition, the sureties were required to depose to affidavits of means and submit two recent passport photographs as part of the verification process. As part of the bail conditions imposed directly on the defendants, the court also ordered that Malami and his son surrender their international passports and submit recent passport photographs to the court registry, measures intended to ensure their availability for trial and prevent them from leaving the country while the case is ongoing.
The case has drawn considerable attention due to the profile of the principal defendant. Malami served as Attorney-General of the Federation and Minister of Justice under the administration of former President Muhammadu Buhari, occupying the position for several years and playing a central role in shaping legal policy and prosecutorial decisions during that period.