The Attorney General of the Federation, AGF, and Minister of Justice, Lateef Fagbemi, SAN has taken over the prosecution of former AGF, Abubakar Malami, SAN and his son, Abdulaziz in a five-count charge, bordering on terrorism and illegal firearms possession brought against them by the Department of the State Service, DSS.
The Director of Public Prosecution of the Federation, DPPF, Mr. Rotimi Oyedepo, SAN announced this on Wednesday, when the case was called before Justice Joyce Abdulmalik of the Federal High Court sitting in Abuja.
“My lord, I was informed by counsel to the DSS that the case file has been transmitted to the office of the Attorney General of the Federation, AGF,” Oyedepo told the court.
In view of the development, Oyedepo applied for an adjournment to enable the AGF review the case file and 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 but 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, the trial Judge Justice Joyce Abdulmalik adjourned the case till 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 judge granted them bail while ruling on their bail applications argued by their lead counsel, Joseph Daudu, SAN.
The court had, however, ordered Malami and his son to be remanded at the Kuje prison pending the perfection of the bail conditions imposed on them by the Court.
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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 Districts of Abuja and 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 DSS is prosecuting 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, Birnin 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.
