BREAKING: AGF Fagbemi takes over Malami’s prosecution
Attorney General Takes Over Prosecution of Former Predecessor
The Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi, has officially assumed the prosecution of his predecessor, Abubakar Malami, who faces charges of terrorism and illegal firearms possession filed by the Department of State Service (DSS).
Fagbemi, a Senior Advocate of Nigeria (SAN), took over the case during proceedings at the Federal High Court in Abuja on Wednesday. Representing the prosecution was the Director of Public Prosecution of the Federation, Rotimi Oyedepo, SAN, who informed Justice Joyce Abdulmalik that the trial could not commence as Fagbemi had only recently taken over the matter.
He stated that the case file was just delivered to the Attorney General, who needed time to review the details before proceeding further.
In response, Malami, represented by Adedayo Adedeji, SAN, expressed frustration over the delay and requested that the court dismiss the charges should the federal government present any further excuses on the adjourned date. However, Oyedepo argued that the request to dismiss the case was premature, urging the court to disregard it.
Following the arguments, Justice Abdulmalik scheduled a new hearing for March 10 to allow the Attorney General to present the case.
On February 27, the court granted bail to Malami and his son, Abdulazeez, in the amount of 200 million Naira. Each was required to provide two sureties who own property in Maitama or Asokoro, which must be deposited with the Deputy Chief Registrar along with valid international passports. The sureties must also provide affidavits of means and recent passport photographs.
Malami and his son must submit their international passports and recent photographs to the court as part of the bail conditions.
The DSS has charged Malami and his son with five counts related to terrorism and illegal possession of firearms. The charges include allegations of failing to prosecute individuals suspected of financing terrorism during Malami’s tenure as Attorney General and possession of an unlicensed Sturm Magnum 17-0101 firearm, along with various ammunition.
The charges, registered under FHC/ABJ/CR/63/2026, detail incidents that allegedly occurred in November 2022 and December 2025 at Malami’s residence in Birnin Kebbi, Kebbi State. The accusations include knowingly facilitating terrorism financing and unlawfully possessing firearms and ammunition without proper authorization, violating the Terrorism (Prevention and Prohibition) Act of 2022 and the Firearms Act of 2004.
