The Lateef Fagbemi, Attorney General of the Federation and Minister of Justice, has formally taken over the prosecution of his immediate predecessor, Abubakar Malami, in the terrorism and illegal firearms case instituted by the Department of State Services (DSS).
Fagbemi, a Senior Advocate of Nigeria (SAN), announced his takeover of the case on Wednesday before Justice Joyce Abdulmalik of the Federal High Court, Abuja.
At the resumed proceedings, where trial of Malami and his son, Abdulazeez Malami, was scheduled to commence, the AGF, represented by the Director of Public Prosecution of the Federation (DPPF), Rotimi Oyedepo, SAN, informed the court that the prosecution could not proceed.
According to him, the case file was only recently handed over to the AGF, who requires time to study it and take an informed decision on the matter.
Counsel to Malami, Adedayo Adedeji, SAN, expressed dissatisfaction over the delay and urged the court to strike out the charge at the next adjourned date if the Federal Government fails to proceed with the case.
In response, the DPPF described the request as premature and asked the court to disregard it.
After listening to arguments from both sides, Justice Abdulmalik adjourned the matter to March 10 for the commencement of trial under the AGF’s supervision.
Earlier, on February 27, the court granted Malami and his son bail in the sum of N200 million each, with two sureties apiece. The sureties are required to own landed property in Maitama or Asokoro, Abuja, and deposit the titles with the Deputy Chief Registrar of the court alongside valid international passports.
They were also directed to depose to affidavits of means and submit two recent passport photographs each. Malami and his son were equally ordered to surrender their international passports and passport photographs to the court.
The DSS had arraigned Malami and Abdulazeez on a five-count charge bordering on terrorism financing and unlawful possession of firearms.
In the charge marked FHC/ABJ/CR/63/2026, Malami is accused of knowingly abetting terrorism financing by allegedly refusing to prosecute suspected terrorism financiers whose case files were forwarded to his office during his tenure as AGF.
He and his son are also accused of unlawfully possessing a Sturm Magnum 17-0101 firearm, 16 Redstar AAA live rounds of cartridges and 27 expended cartridges at their residence in Gesse Phase II Area, Birnin Kebbi Local Government Area of Kebbi State, contrary to provisions of the Terrorism (Prevention and Prohibition) Act, 2022, and the Firearms Act, 2004.