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AGF takes over prosecution of Malami, son over terrorism, firearms possession

The Attorney-General of the Federation (AGF), Prince Lateef Fagbemi (SAN) has taken over the prosecution of former AGF, Abubakar Malami, and his son, Abdulaziz, over alleged terrorism and illegal possession

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March 5, 2026byThe Nation
3 min read
  • Court to open ex-AGF’s, son’s trial March 10

The Attorney-General of the Federation (AGF), Prince Lateef Fagbemi (SAN) has taken over the prosecution of former AGF, Abubakar Malami, and his son, Abdulaziz, over alleged terrorism and illegal possession of firearms charges.

The Department of State Services (DSS) filed a five-count charge against Malami and his son at the Federal High Court in Abuja.

When the matter was called yesterday, the Director of Public Prosecution of the Federation (DPPF), Mr. Rotimi Oyedepo (SAN), told the court that the case file had been sent to the AGF.

“My lord, I was informed by counsel to the DSS that the case file has been transmitted to the Office of the AGF,” Oyedepo said.

In view of the development, Oyedepo sought an adjournment to enable a review of the case file to take an informed decision.

Counsel to the defendants, Mr. Adedayo Adedeji (SAN), did not oppose the application for an adjournment.

But the lawyer said that if the matter did not proceed on the next adjourned date, he would be compelled to apply for the charge to be struck out.

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Responding, the DPPF said the defence’s proposed application was futuristic and premature.

Justice Joyce Abdulmalik adjourned the case till March 10 for trial to begin.

Also, a Federal High Court in Abuja has scheduled March 10 for the prosecution to begin fielding witnesses in the charge of alleged terrorism financing and illegal possession of firearms against Malami and his son, Abdulaziz.

The DSS had, on February 27, arraigned Malami and Abdulaziz on a five-count charge bordering on terrorism and illegal firearms possession.

Malami is, in the charge, 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.

Both defendants are also accused of warehousing firearms in their home at Gesse Phase II Area, Birain Kebbi Local Government of Kebbi State, without lawful authority.

By the charge, Malami is alleged to have knowingly abetted terrorism financing, while his is further accused, along with his son, or unlawfully possessing 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.

At the resumed hearing yesterday, the DPPF, Rotimi Oyedepo (SAN), who led a team of lawyers for the prosecution, said his office recently took over the case from the DSS and required time to study the case file.

Lawyer to the defendants, Adedayo Adedeji (SAN) did not oppose Oyedepo’s request, but urged the court to strike out the case should the prosecution fail to open its case at the next adjourned date.

In his response, Oyedepo argued that the defence’s request to strike out the case was premature and urged the judge to ignore it.

Ruling, Justice Joyce Abdulmalik adjourned till March 10 for the prosecution to take the necessary steps and to open its case.

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