THE Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), has formally 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.
News Point Nigeria reports that the development unfolded on Wednesday at the Federal High Court in Abuja, where the Director of Public Prosecutions of the Federation (DPPF), Mr Rotimi Oyedepo (SAN), informed the court that the case file had been transmitted from the Department of State Services (DSS) to the Office of the Attorney-General of the Federation.
Addressing the court, Oyedepo said he had been notified by counsel to the DSS that the matter was now under the AGF’s supervision.
“My lord, I was informed by counsel to the DSS that the case file has been transmitted to the office of the AGF,” he stated.
He requested a brief adjournment to enable the prosecution to review the case file and determine its next line of action.
“We ask your lordship for a very short date. If we have four days, it will be enough,” he said.
Counsel to the defendants, Mr Adedayo Adedeji (SAN), did not oppose the request but urged the court to strike out the charge should the prosecution fail to open its case at the next sitting, alleging a lack of diligent prosecution.
In response, the DPPF described the defence’s position as premature.
Justice Joyce Abdulmalik subsequently adjourned the case to March 10, 2026, for the commencement of trial and directed the prosecution to formally open its case on that date.
The DSS had earlier arraigned Malami and his son on terrorism-related charges, including allegations of refusing to prosecute suspected terrorism financiers and unlawful possession of firearms.
In the charge marked FHC/ABJ/CR/63/2026, the former AGF is accused of knowingly abetting terrorism financing by allegedly failing to prosecute individuals suspected of financing terrorism whose case files were reportedly forwarded to him during his tenure as Attorney-General and Minister of Justice.
The defendants are also accused of storing firearms at their residence in Gesse Phase II Area, Birnin Kebbi Local Government Area of Kebbi State, without lawful authority.
According to the prosecution, in December 2025, Malami and his son allegedly possessed, without licence, a Sturm Magnum firearm, 16 live cartridges and 27 expended cartridges. The act was described as preparatory to terrorism and contrary to the Terrorism (Prevention and Prohibition) Act, 2022, as well as the Firearms Act.
At their first court appearance on February 3, the defendants pleaded not guilty to all charges.
On the last adjourned date, the court granted them bail in the sum of N200 million each, with two sureties in like sum.
However, they were ordered to be remanded at the Kuje Correctional Centre pending the perfection of their bail conditions.
As part of the stringent conditions, one surety must own landed property in Maitama or Asokoro, Abuja, and deposit the title documents with the Deputy Chief Registrar of the court, along with a valid international passport.
The sureties were also directed to depose to affidavits of means and submit two recent passport photographs.
Malami and his son were further ordered to surrender their international passports and provide recent passport photographs to the court.
The takeover of the prosecution by the Office of the Attorney-General marks a significant shift in the handling of the high-profile case. As the chief law officer of the federation, the AGF possesses constitutional powers to initiate, take over, or discontinue criminal proceedings instituted by any authority.