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From Godwin Tsa, Abuja
The Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi, SAN, has taken over the prosecution of former AGF, Abubakar Malami and his son, Abdulaziz in the charges bordering on terrorism and illegal firearms possession earlier brought against them by the Department of the State Service (DSS).
The Director of Public Prosecution of the Federation (DPPF), Rotimi Oyedepo,SAN, announced this yesterday, when the case was called.
“My lord, I was informed by counsel to the DSSS that the case file has been transmitted to the office of the AGF,” Oyedepo said.
In view of the development, Oyedepo applied for an adjournment to enable the AGF review the case file an take an informed decision.
Responding, counsel to the defendants, Adedayo Adedeji (SAN), said he was not opposed to the request by the prosecution for an adjournment.
He however, added that if at the next adjourned date the matter would not proceed, he will be compelled to ask the court to strike out the charge.
In his response, the DPPF said, the application by the defence counsel for the striking out of the charge is futuristic and premature at this stage.
After listening to counsel to both parties, Justice Joyce Abdulmalik adjourned the case to March 10, 2026 for trial.
At the last adjourned date, Justice Abdulmalik admitted the defendants to bail in the sum of N200 million and two sureties in like sum.
The court had however, ordered Malami and his son to be remanded at Kuje prison pending the perfection of the bail conditions imposed on them by the Court.
The judge granted them bail while ruling on their bail applications argued by their lead Counsel, Joseph Daudu,SAN.
Some of the conditions attached to their bail are: that the former AGF and his son to get two sureties each one of whom must own landed property either in Maitama or Asokoro.
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Justice Abdulmalik 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 are also 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 Department of State Services (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.
Counts in the charge reads:”That you, Abubakar Malami of Gesse Phase II Area, Birnin Kebbi LG, 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 LG, 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. COUNT FIVE
“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.”
