AGF Lateef Fagbemi Takes Over Prosecution of Ex-AGF Abubakar Malami in Terrorism, Firearms Case

Nigeria’s Attorney-General of the Federation, Lateef Fagbemi, has formally assumed control of the prosecution of his predecessor, Abubakar Malami, who is facing terrorism-related and illegal firearms charges.

The development unfolded on Wednesday at the Federal High Court in Abuja, where the Department of State Services (DSS) had initially instituted the case.

Trial Stalled as AGF Seeks Time to Review Case File

At the hearing before Justice Joyce Abdulmalik, the Director of Public Prosecution of the Federation, Rotimi Oyedepo (SAN), announced that the Attorney-General had taken over the matter. He told the court that the case file was only recently transferred to the AGF’s office and that additional time was needed to study the details before proceeding.

As a result, the anticipated commencement of trial did not go ahead.

Counsel to Malami, Adedayo Adedeji (SAN), criticised the delay and urged the court to strike out the charge at the next adjourned date if the Federal Government failed to proceed. The prosecution, however, described the request as premature and asked the judge to disregard it.

Justice Abdulmalik subsequently adjourned the matter to March 10 for the opening of trial by the Attorney-General.

Bail Conditions: N200m, Prime Abuja Property Required

Earlier, on February 27, the court granted Malami and his son, Abdulaziz, bail in the sum of N200 million each. The court ordered two sureties apiece, each of whom must own landed property in either Maitama or Asokoro districts of Abuja.

The title documents are to be deposited with the Deputy Chief Registrar of the court, alongside valid international passports. The sureties are also required to submit affidavits of means and recent passport photographs. Malami and his son were equally ordered to surrender their passports and photographs.

Five-Count Charge: Terrorism Financing, Illegal Firearms Possession

The DSS arraigned Malami and his son on a five-count charge marked FHC/ABJ/CR/63/2026.

The charges include allegations that Malami knowingly abetted terrorism financing by failing to prosecute suspected terrorism financiers whose case files were reportedly submitted to his office during his tenure as Attorney-General.

Both defendants are also accused of unlawfully possessing a Sturm Magnum 17-0101 firearm, 16 live rounds of Redstar AAA cartridges, and 27 expended cartridges at their residence in Birnin Kebbi, Kebbi State, without lawful authority.

The offences are said to contravene provisions of the Terrorism (Prevention and Prohibition) Act, 2022, as well as the Firearms Act, 2004.

The case marks a dramatic turn for the former chief law officer of the federation, who once supervised federal prosecutions and legal policy in Nigeria.

All eyes are now on the March 10 proceedings, where the Attorney-General is expected to formally open the case.