Abuja, March 4, 2026 – Nigeria's Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, has formally assumed control of the high-profile prosecution against his predecessor, Abubakar Malami, SAN, and Malami's son, Abdulaziz Malami, in a case involving allegations of abetting terrorism financing and unlawful possession of firearms.
The development occurred during proceedings before Justice Joyce Abdulmalik of the Federal High Court in Abuja on Wednesday, March 4, 2026. The session had been scheduled for the commencement of trial following the defendants' arraignment and bail grant last month. However, the trial could not proceed as planned due to the recent transfer of the case file to the AGF's office.
Fagbemi appeared in court through the Director of Public Prosecutions of the Federation (DPPF), Rotimi Oyedepo, SAN, who announced the AGF's takeover. Oyedepo informed the court that the case file had only recently been delivered to Fagbemi, necessitating time for thorough review and decision-making on the way forward. He requested an adjournment to allow the AGF to study the matter and determine the appropriate prosecutorial steps.
Counsel to the defendants, Adedayo Adedeji, SAN, expressed strong dissatisfaction with the delay, describing it as another postponement in a matter that has already seen multiple adjournments. Adedeji urged the court to strike out the charges at the next hearing if the Federal Government offered any further excuses for not commencing trial. In response, Oyedepo characterized the defense's application as premature and asked the court to disregard it, emphasizing that the AGF's involvement required due process.
After considering submissions from both sides, Justice Abdulmalik adjourned the case to March 10, 2026, for trial to commence under the direction and supervision of the Attorney-General of the Federation.
The case, marked FHC/ABJ/CR/63/2026, stems from charges filed by the Department of State Services (DSS). Malami, who served as Attorney-General of the Federation and Minister of Justice from 2015 to 2023 under Presidents Muhammadu Buhari and Bola Tinubu, faces serious accusations related to his conduct while in office and subsequent events.
In count one, Malami is accused of knowingly abetting terrorism financing by allegedly refusing to prosecute suspected terrorism financiers whose case files were forwarded to his office in November 2022, contrary to Section 26(2) of the Terrorism (Prevention and Prohibition) Act, 2022. The prosecution alleges this omission occurred at the Federal Ministry of Justice in Maitama, Abuja.
Counts two through five jointly implicate Malami and his son Abdulaziz in unlawful possession of firearms and ammunition, as well as conduct preparatory to terrorism. Specifically, the defendants are accused of unlawfully storing a Sturm Magnum 17-0101 firearm, 16 live Redstar AAA 5’20 cartridges, and 27 expended Redstar AAA 5’20 cartridges at their residence in Gesse Phase II Area, Birnin Kebbi Local Government Area of Kebbi State, without lawful authority. These alleged offenses are said to have taken place in December 2025 and are punishable under relevant provisions of the Terrorism (Prevention and Prohibition) Act, 2022, and the Firearms Act, 2004 (as amended).
The defendants pleaded not guilty when the charges were read to them during their arraignment on February 3, 2026. Following pleas, the court initially remanded them in DSS custody pending a bail hearing.
On February 27, 2026, Justice Abdulmalik granted bail to Malami and Abdulaziz in the sum of N200 million each, with two sureties per defendant. The sureties must own landed property in either Maitama or Asokoro districts of Abuja, deposit the original property titles with the Deputy Chief Registrar of the court, and provide valid international passports. Additional conditions include deposing to affidavits of means, submitting two recent passport photographs each, and surrendering their international passports to the court registry. The judge ordered remand in Kuje Correctional Centre until bail conditions were perfected.
The case has drawn significant public and legal attention due to Malami's prominent role in Nigeria's justice and security apparatus during his tenure. As AGF, Malami oversaw high-profile prosecutions, including efforts against Boko Haram and other insurgent groups, and was involved in policy decisions on terrorism financing and asset recovery. Critics and supporters alike have debated the timing and motivations behind the charges, which emerged months after his exit from office and amid separate allegations of money laundering investigated by the Economic and Financial Crimes Commission (EFCC).
The DSS, Nigeria's primary domestic intelligence agency, initiated the investigation leading to the charges. The agency has maintained that the allegations involve grave national security concerns, including potential links between inaction on terrorism financing and broader threats to stability in northern Nigeria and beyond.
Fagbemi's decision to personally take over the prosecution underscores the gravity of the matter and the Federal Government's commitment to handling it at the highest level. As the chief law officer of the federation, the AGF has constitutional authority under Section 174 of the 1999 Constitution (as amended) to institute, continue, or discontinue criminal proceedings on behalf of the federation.
Legal observers note that the AGF's involvement could influence the pace and direction of the trial, potentially leading to amendments to the charge sheet, additional evidence, or even a review of the case's merits. The adjournment to March 10 provides a short window for Fagbemi's team to finalize preparations.
The proceedings have unfolded against a backdrop of ongoing security challenges in Nigeria, including persistent threats from Islamist insurgents, banditry, and kidnapping syndicates. Effective prosecution of terrorism-related offenses remains a priority for the administration of President Bola Tinubu, who has emphasized judicial reforms and strengthened anti-terrorism measures.
As the March 10 date approaches, all eyes remain on the Federal High Court in Abuja for what could mark the start of a landmark trial involving one of Nigeria's most influential former legal officers. The outcome may have far-reaching implications for accountability in public office, the handling of terrorism financing cases, and the balance between national security imperatives and due process rights.
