Alleged Terrorism: AGF Takes Over Prosecution Of Ex-AGF Malami, Son

The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, has stepped in to take over the prosecution of former Attorney General, Abubakar Malami, SAN, and his son, Abdulaziz, in a case involving allegations of terrorism and illegal possession of firearms.

The development was disclosed on Wednesday by the Director of Public Prosecution of the Federation, Rotimi Oyedepo, SAN, when the matter came up before Justice Joyce Abdulmalik of the Federal High Court in Abuja. According to Oyedepo, the case file has now been transferred to the office of the AGF for review and further action.

With that in mind, the prosecution asked the court for an adjournment to allow the Attorney General study the case and determine the next steps. Counsel to the defendants, Adedayo Adedeji, SAN, did not oppose the request but cautioned that if the matter fails to proceed on the next adjourned date, the defence may ask the court to strike out the charges.

Oyedepo, however, described that position as premature, noting that the prosecution’s request was simply to allow the new prosecuting authority review the file.

After hearing both sides, Justice Abdulmalik adjourned the case until March 10, 2026, for trial.

At the previous sitting, the court granted Malami and his son bail in the sum of ?200 million each, with two sureties in like amount. The ruling followed arguments by their lead counsel, Joseph Daudu, SAN. Pending the fulfillment of the bail conditions, the defendants were ordered remanded at the Kuje Correctional Centre.

The bail terms are stringent. Each defendant must present two sureties, one of whom must own landed property in either Maitama or Asokoro districts of Abuja. The property titles are to be deposited with the Deputy Chief Registrar of the court, alongside valid international passports. The sureties are also required to file affidavits of means and submit recent passport photographs. In addition, both Malami and his son must surrender their international passports and provide passport photographs to the court.

The Department of State Services (DSS) filed the five-count charge against the duo, alleging offences under the Terrorism (Prevention and Prohibition) Act, 2022, and the Firearms Act, 2004.

In the charge marked FHC/ABJ/CR/63/2026, Malami is accused of knowingly abetting terrorism financing and allegedly failing to prosecute certain suspected terrorism financiers while he served as Attorney General. Both he and his son are also accused of unlawfully storing firearms at their residence in Gesse Phase II Area, Birnin Kebbi Local Government Area of Kebbi State.

Specifically, the prosecution alleges unlawful possession of a Sturm Magnum 17-0101 firearm, 16 Redstar AAA live cartridges, and 27 expended cartridges—offences said to contravene provisions of the relevant anti-terrorism and firearms laws.

The case now awaits the Attorney General’s formal direction as proceedings resume later this month.