The Minister of Justice and Attorney General of the Federation, Mr. Lateef Fagbemi, SAN, has taken over the prosecution of his immediate predecessor, Mr. Abubakar Malami.

Malami is facing terrorism and illegal firearms possession charges brought against him by the Department of State Services.

Fagbemi assumed conduct of the trial from the DSS on Wednesday at the Federal High Court in Abuja.

The Director of Public Prosecutions of the Federation, Mr. Rotimi Oyedepo, announced the Attorney General’s appearance in the matter before Justice Joyce Abdulmalik.

Oyedepo informed the court that the trial could not proceed because the Attorney General had only just taken over the prosecution. He said the prosecution required additional time to familiarise itself with the facts of the case.

Counsel to the defendants, Mr. Adedayo Adedeji, who did not oppose the application, urged the court to strike out the matter if the prosecution failed to open its case at the next adjourned date, citing a lack of diligent prosecution.

Justice Abdulmalik subsequently adjourned the matter to March 10 for trial and for the prosecution to formally open its case.

On February 27, the court admitted Malami and his son, Abdulaziz, to bail in the sum of ₦200 million, with two sureties. Each surety must own landed property in either Maitama or Asokoro.

Justice Abdulmalik directed that the title documents of the properties be deposited with the Deputy Chief Registrar of the court, alongside valid international passports. The sureties were also ordered to depose to affidavits of means and submit two recent passport photographs each.

Malami and his son were similarly ordered to deposit their international passports and recent passport photographs with the court.

The DSS had arraigned Malami and his son, Abdulaziz Abubakar Malami, on a five-count charge bordering on terrorism and illegal possession of firearms.

In the charge, marked FHC/ABJ/CR/63/2026 and filed before the Federal High Court in Abuja, Malami is also accused of refusing to prosecute suspected terrorism financiers whose case files were forwarded to him while he served as Attorney General of the Federation and Minister of Justice.

Malami and his son are further accused of warehousing firearms at their residence in Gesse Phase II Area, Birnin Kebbi Local Government Area of Kebbi State, without lawful authority.

In count one, the DSS accused Malami of knowingly abetting terrorism financing.

Counts two to five charge Malami and his son with unlawful possession of a Sturm Magnum 17-0101 firearm, 16 Redstar AAA 5’20 live rounds of cartridges, and 27 expended Redstar AAA 5’20 cartridges, contrary to and punishable under relevant provisions of the Terrorism (Prevention and Prohibition) Act, 2022, and the Firearms Act, 2004.

The charge sheet reads in part:

“That you, Abubakar Malami of Gesse Phase II Area, Birnin Kebbi LGA, Kebbi State, adult male, sometime in November 2022 at the 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 case files 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 the Terrorism (Prevention and Prohibition) Act, 2022.”

It further states:

“That you, Abubakar Malami and Abdulaziz Abubakar Malami, of Gesse Phase II Area, Birnin Kebbi LGA, Kebbi State, adult males, sometime in December 2025, at your residence in Gesse Phase II Area, Birnin Kebbi LGA, Kebbi State, within the jurisdiction of this honourable court, did engage in conduct in preparation to commit an 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 the Terrorism (Prevention and Prohibition) Act, 2022.”

Additional counts allege unlawful possession, without licence, of the firearm, the 16 live rounds of cartridges, and the 27 expended cartridges, contrary to Sections 3 and 8(1) of the Firearms Act, 2004, and punishable under Section 27(1) of the same Act.