Nigeria’s attorney general, Lateef Fagbemi, has assumed control of the prosecution of a former justice minister, Abubakar Malami, and his son, Abdulaziz, over allegations linked to terrorism financing and unlawful possession of firearms.
The development emerged on Wednesday at the Federal High Court in Abuja when the director of public prosecutions of the federation, Rotimi Oyedepo, informed the court that the case file had been transferred from the Department of State Services to the office of the attorney general.
“My lord, I was informed by counsel to the DSS that the case file has been transmitted to the office of the AGF,” Oyedepo told the court, requesting time for the prosecution to review the documents before proceeding.
He asked the court for a brief adjournment to enable the government to study the file and determine its next steps. “We ask your lordship for a very short date. If we have four days, it will be enough,” he said.
Counsel for the defendants, Adedayo Adedeji (SAN), did not oppose the request but urged the court to strike out the charges if the prosecution failed to open its case on the next hearing date, arguing that the matter must be pursued diligently.
In response, Oyedepo said such an application would be premature at this stage.
Presiding judge Joyce Abdulmalik adjourned the matter to 10 March 2026 and directed the prosecution to formally commence its case on that date.
The DSS had earlier arraigned Malami, who served as attorney general under former president Muhammadu Buhari, alongside his son on charges including alleged refusal to prosecute suspected terrorism financiers and unlawful possession of firearms.
In the charge marked FHC/ABJ/CR/63/2026, prosecutors allege that while serving as attorney general and minister of justice, Malami knowingly abetted terrorism financing by declining to prosecute suspects whose case files had been forwarded to his office.
The pair are also accused of storing firearms at their residence in Gesse Phase II area of Birnin Kebbi, in Kebbi state, without lawful authority.
According to the prosecution, in December 2025 the defendants possessed a Sturm Magnum firearm, 16 live cartridges and 27 expended cartridges without a licence. The alleged offence, prosecutors say, amounts to acts preparatory to terrorism under Nigeria’s Terrorism (Prevention and Prohibition) Act 2022 as well as the Firearms Act.
When they first appeared in court on 3 February, both defendants pleaded not guilty to all the charges.
At the previous hearing, the court granted Malami and his son bail set at ₦200m each, with two sureties in like sum. However, they were ordered to remain in custody at the Kuje Correctional Centre pending the fulfilment of the bail conditions.
Under the terms of the bail, at least one surety must own landed property in Maitama or Asokoro in Abuja and deposit the title documents with the deputy chief registrar of the court, along with a valid international passport.
The sureties are also required to submit affidavits of means and provide two recent passport photographs, while Malami and his son must surrender their international passports and submit passport photographs to the court.
