The Minister of Justice and Attorney General of the Federation, Lateef Fagbemi, has assumed responsibility for prosecuting his immediate predecessor, Abubakar Malami.
Malami faces charges of terrorism and illegal firearms possession brought by the Department of the State Service (DSS). Fagbemi, a Senior Advocate of Nigeria (SAN), formally took over the trial on Wednesday at the Federal High Court in Abuja.
The Director of Public Prosecution of the Federation, Rotimi Oyedepo, informed Justice Joyce Abdulmalik of Fagbemi’s appearance, noting that the prosecution needed time to familiarise itself with the case before proceeding.
Counsel to the defendants, Adedayo Adedeji, did not oppose the application but requested the court strike out the matter if the prosecution failed to open its case on the next adjourned date, citing lack of diligent prosecution. Justice Abdulmalik subsequently adjourned the trial to March 10.
Earlier, on February 27, Malami and his son, Abdulaziz, were granted ₦200m bail with two sureties each, required to own landed property in Maitama or Asokoro, and deposit the property titles along with valid international passports.
The DSS had arraigned Malami and Abdulaziz on a five-count charge, FHC/ABJ/CR/63/2026, including allegations that Malami refused to prosecute suspected terrorism financiers while serving as AGF and Minister of Justice. They are also accused of unlawfully possessing firearms and ammunition at their residence in Gesse Phase II Area, Birnin Kebbi LGA, Kebbi State.
The charges specify:
- Malami allegedly abetted terrorism financing by refusing to prosecute terrorism financiers during his tenure as AGF, contrary to Section 26 (2) of the Terrorism (Prevention and Prohibition) Act, 2022.
- Malami and Abdulaziz allegedly possessed a Sturm Magnum 17-0101 firearm, sixteen Redstar AAA 5’20 live cartridges, and twenty-seven expended cartridges without a licence, offences punishable under the Terrorism (Prevention and Prohibition) Act, 2022, and the Firearms Act, 2004.
The Federal High Court continues to oversee the case as Fagbemi formally leads the prosecution.