Fagbemi Takes over Malami’s Terrorism Trial as Court Grants Fresh Adjournment
Nigeria’s Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, SAN on Wednesday took over the prosecution of his predecessor, Abubakar Malami, at the Federal High Court in Abuja, prompting an adjournment of the terrorism and firearms case to allow the new prosecuting team review the matter.
The development was announced before Justice Joyce Abdulmalik by the Director of Public Prosecution of the Federation, Rotimi Oyedepo, who informed the court that the Attorney General had taken over proceedings from the Department of the State Service (DSS).
He explained that the prosecution would require time to properly acquaint itself with the case file, making it impossible to proceed with trial immediately.
Although counsel to the defendants, Adedayo Adedeji, did not oppose the request for adjournment, he urged the court to dismiss the case should the prosecution fail to commence trial at the next sitting, citing concerns over diligent prosecution.
Justice Abdulmalik subsequently fixed March 10 for trial and directed that the prosecution formally open its case on that date.
The court had, on February 27, admitted Malami and his son, Abdulaziz, to bail in the sum of ₦200 million each, with two sureties apiece. The sureties are required to own landed property in either Maitama or Asokoro, Abuja, and must deposit the titles with the Deputy Chief Registrar of the court alongside valid international passports.
They are also to file affidavits of means and submit recent passport photographs.
Both defendants were ordered to surrender their international passports and provide recent passport photographs as part of their bail conditions.
The DSS had earlier arraigned Malami and his son on a five-count charge bordering on terrorism-related offences and unlawful possession of firearms. The charge, marked FHC/ABJ/CR/63/2026, includes allegations that Malami, while serving as Attorney General, failed to prosecute certain suspected terrorism financiers whose case files were reportedly forwarded to his office.
In count one, the charge sheet reads:
“That you, Abubakar Malami of Gesse Phase II Area, Birnin Kebbi LGA, Kebbi State, Adult, male, sometime in November, 2022 at 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 casefiles 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 Terrorism (Prevention and Prohibition) Act, 2022,” the charge sheet read.
The remaining counts accuse Malami and Abdulaziz of unlawfully possessing a Sturm Magnum 17-0101 firearm, 16 live Redstar AAA 5’20 cartridges and 27 expended cartridges at their residence in Gesse Phase II Area, Birnin Kebbi LGA of Kebbi State, contrary to provisions of the Terrorism (Prevention and Prohibition) Act, 2022 and the Firearms Act, 2004.
One of the charges states:
“Abubakar Malami and Abdulaziz Abubakar Malami of Gesse Phase II, Area, Birnin Kebbi LGA, Kebbi State, adults, males, sometime in December, 2025, in your res:dence at Gesse Phase II Area, Birnin Kebbi LGA, Kebbi State, within the jurisdiction of this Honourable Court, did engage in a conduct in preparation to commit 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 Terrorism (Prevention and Prohibition) Act, 2022 .”
Another count reads:
“That you, Abubakar Malami and Abdulaziz Abubakar Malami, of Gesse Phase II Area, Birnin Kebbi LGA, Kebbi State, adults, males, sometime in December, 2025, in your residence at Gesse Phase II Area, Birnin Kebbi LGA, Kebbi State, within the jurisdiction of this honourable court, without licence, did have in your possession a Sturm Magnum 17-0101 firearm, and thereby committed an offence contrary to Section 3 of Firearms Act 2004 and punishable under Section 27 (1) of the same Act.”
Further counts relate to alleged unlawful possession of 16 live cartridges and 27 expended cartridges without licence.
With the Attorney General now directly overseeing the prosecution, attention shifts to the next adjourned date, when the Federal Government is expected to formally open its case.
The trial marks one of the most high-profile legal battles involving a former chief law officer of the federation, and proceedings on March 10 are expected to determine the direction and pace of the prosecution under the new legal leadership.
