AGF Fagbemi takes over Malami’s prosecution

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Prince Lateef Fagbemi, the Attorney General of the Federation and Minister of Justice, has officially assumed the role of prosecuting his predecessor, Abubakar Malami, in cases of terrorism and illegal possession of firearms initiated by the Department of State Service (DSS).

On Wednesday, Fagbemi, who holds the title of Senior Advocate of Nigeria (SAN), assumed responsibility for the trial from the DSS at Abuja’s Federal High Court.

During the Wednesday proceedings aimed at commencing the prosecution of Malami and his son Abdulazeez Malami, Fagbemi announced their appearance in the case through Rotimi Oyedepo, SAN, the Director of the Public Prosecution of the Federation (DPPF).

He informed Justice Joyce Abdulmalik that the trial cannot move forward as Fagbemi has only recently assumed the role of prosecutor.

He stated that the case file had only recently been delivered to the AGF and that he required time to review it in order to make a well-informed decision.

Malami, represented by Adedayo Adedeji, SAN, voiced his discontent regarding the trial’s delay and requested that the Judge dismiss the charge at the next adjournment if the federal government offers any justification.

In its response, the DPPF characterized the request to dismiss the charge as premature and encouraged the Judge to disregard it.

Justice Abdulmalik scheduled the trial to begin on March 10 with the AGF after hearing arguments.

On February 27, the Court granted bail to Malami and his son Abdulaziz in the amount of N200 million. This was contingent upon two sureties, each of whom must possess real estate in either Maitama or Asokoro.

The title of the property, as per Justice Abdulmalik’s statement, must be deposited with the Court’s Deputy Chief Registrar, accompanied by valid international passports.

The sureties were additionally instructed to provide an affidavit of means and submit two recent passport photos to the court.

Additionally, Malami and his son were instructed to provide their international passports and recent passport photos to the court.

Malami and his son, Abdulaziz, had been arraigned by the DSS on five charges related to terrorism and the illegal possession of firearms.

Malami is also accused in the charge, labeled FHC/ABJ/CR/63/2026 and submitted to the Federal High Court in Abuja, of failing to prosecute suspected terrorism financiers whose case files were given to him during his time as AGF and Minister of Justice.

Malami and Abdulaziz share the same accusation of unlawfully storing firearms at their home in Gesse Phase II Area, Birain Kebbi LGA, Kebbi State.

The DSS has charged Malami with knowingly aiding the financing of terrorism in count one. Additionally, he and his son face charges in counts two to five for the unlawful possession of a Sturm Magnum 17-0101 firearm, 16 live Redstar AAA 5720 cartridges, and 27 spent Redstar AAA 5’20 cartridges. These offenses violate and are punishable under relevant sections of the Terrorism (Prevention and Prohibition) Act, 2022, and the 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 Act.”

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