JUST-IN: AGF Fagbemi takes over prosecution of ex-AGF Malami in terrorism, firearms case

The Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi, has officially taken over the prosecution of his predecessor, Abubakar Malami, over allegations of terrorism and illegal possession of firearms filed by the Department of State Services (DSS).

Fagbemi, who is a Senior Advocate of Nigeria, stepped into the case on Wednesday at the Federal High Court in Abuja.

The trial of Malami and his son, Abdulazeez Malami, was scheduled to begin when the new development was announced in court.

Representing the Attorney General, the Director of Public Prosecution of the Federation, Rotimi Oyedepo, SAN, informed the court that the AGF had taken over the matter from the DSS.

He told Justice Joyce Abdulmalik that the trial cannot proceed because Fagbemi has just taken over the prosecution

According to him, the case file has just been delivered to the AGF and he needed time to study it to be able to take a well informed decision.

Malami represented by Adedayo Adedeji, SAN, expressed disgust over the delay in opening up the trial and asked the Judge to strike out the charge at the next adjourned date should the federal government come up with any excuse.

Responding, the DPPF said that the request for striking out of the charge was premature and urged the Judge to ignore it.

After taking arguments, Justice Abdulmalik fixed March 10 for trial to be opened by the AGF.

The Court had on February 27 admitted Malami and his son, Abdulaziz to N200m bail, with two sureties, each one of whom must own landed property either in Maitama or Asokoro.

Justice Abdulmalik had said that the title of the property must be deposited with the Deputy Chief Registrar of the Court along with valid international passports.

The sureties were also ordered to depose to affidavit of means and submit their two recent passport photographs with the court.

Besides, Malami and his son were also ordered to submit their international passports and recent passport photographs to the court.

The DSS had arraigned Malami and his son, Abdulaziz on a five-count charge bordering on terrorism and illegal firearms possession.

In the charge, marked, FHC/ABJ/CR/63/2026, filed before the Federal High Court in Abuja, Malami is also accused of refusing to prosecute suspected terrorism financiers, whose case files were handed to him while he served as the AGF and Minister of Justice.

Malami and Abdulaziz are equally accused of warehousing firearms in their residence at Gesse Phase II Area, Birain Kebbi LGA, Kebbi State without lawful authority.

The DSS accused Malami in count one of the charge, with knowingly abetting terrorism financing, while the ex-AGF and his son are charged in counts two to five, with unlawful, possession of a Sturm Magnum 17-0101 firearm, 16 Redstar AAA 5720 live rounds of cartridges and 27 expended Redstar AAA 5’20 cartridges, contrary to and punishable under relevant Sections of Terrorism (Prevention and Prohibition) Act, 2022 and Firearms Act, 2004.

It 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.

“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.

“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.

“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 sixteen (16) Redstar AAA 5’20 live rounds of cartridges, and thereby committed an offence contrary to Section 8(1) of Firearms Act 2004 and punishable under Section 27 (1) of the same Act.

“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 twenty-seven (27) expended Redstar AAA 5’20 cartridges, and thereby committed an offence contrary to Section 8(1) of Firearms Act 2004 and punishable under Section 27 (1) of the same .

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