AGF’s Takeover Stalls Malami’s Terrorism, Illegal Possession of Firearms Trial 

Alex Enumah in Abuja 

The trial of former Attorney-General of the Federation (AGF) and Minister of Justice, Abubakar Malami (SAN), was on Wednesday stalled, following the takeover of the prosecution by the AGF, Prince Lateef Fagbemi (SAN).

Justice Joyce Abdulmalik of the Federal High Court, Abuja, had last week adjourned to March 4, for commencement of trial, after admitting the former AGF and his son, Abdulazeez Malami, to bail in the sum of N200 million each.

However, when the matter came up for trial on Wednesday, the court was informed that Fagbemi has formally taken over the prosecution of the case initially filed by the Department of State Services (DSS). 

The Director of Public Prosecution of the Federation (DPPF), Rotimi Oyedepo (SAN), who announced appearance for the prosecution, added that trial cannot proceed because Fagbemi has just taken over the prosecution. 

He explained that since the case file has just been delivered to the AGF, he needs time to study it so as to take a well informed decision. 

Reacting, Adedayo Adedeji (SAN), who represented Malami, expressed disgust over the delay in opening up the trial and asked the judge to strike out the charge at the next adjourned date should the Federal Government come up with any excuse. 

Responding, the DPPF said that the request for striking out of the charge was premature and urged the judge to ignore it. 

After taking arguments, Justice Abdulmalik subsequently adjourned till March 10, for commencement of trial. 

The 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, 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 read: “That you, Abubakar Malami of Gesse Phase II Area, Birnin Kebbi LGA, 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 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 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. 

“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.”

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