Trial halted after AGF takes over prosecution
The trial of former Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN), was stalled on Wednesday after the current Attorney-General, Prince Lateef Fagbemi (SAN), formally assumed control of the prosecution.
Justice Joyce Abdulmalik of the Federal High Court in Abuja had earlier scheduled March 4 for the commencement of trial after admitting Malami and his son, Abdulazeez Malami, to bail in the sum of ₦200 million each.
However, when proceedings began on Wednesday, the court was informed that the Attorney-General had taken over the case originally filed by the Department of State Services (DSS).
Federal prosecutors request time to review case file
The Director of Public Prosecution of the Federation (DPPF), Rotimi Oyedepo (SAN), announced appearance for the prosecution and explained that the trial could not proceed immediately.
Oyedepo told the court that the case file had just been transmitted to the Attorney-General’s office, meaning the new prosecution team required time to review the materials before continuing with the case.
According to him, the AGF must study the file carefully in order to make “a well-informed decision” on how to proceed with the prosecution.
Defence challenges delay
Reacting to the development, Adedayo Adedeji (SAN), counsel to Malami, expressed frustration over the delay in opening the trial.
He urged the court to consider striking out the charges at the next adjourned date should the Federal Government fail to proceed with the case.
However, Oyedepo rejected the request, describing it as premature, and urged the judge to disregard the defence application.
After hearing arguments from both sides, Justice Abdulmalik adjourned the matter until March 10 for the commencement of trial.
DSS charges against Malami and his son
The Department of State Services (DSS) had earlier arraigned Malami and his son on a five-count charge bordering on terrorism and illegal possession of firearms.
The case is registered as FHC/ABJ/CR/63/2026.
Prosecutors alleged that Malami knowingly abetted terrorism financing while serving as Attorney-General by refusing to prosecute suspected terrorism financiers whose case files were submitted to his office.
The charge states that the alleged act occurred in November 2022 at the Federal Ministry of Justice in Maitama, Abuja.
Firearms allegations in Kebbi residence
In additional counts, prosecutors accused Malami and his son of unlawfully possessing firearms and ammunition at their residence in Gesse Phase II Area of Birnin Kebbi Local Government Area, Kebbi State.
According to the charge sheet, the items allegedly recovered include:
- One Sturm Magnum 17-0101 firearm
- 16 Redstar AAA 5’20 live rounds of cartridges
- 27 expended Redstar AAA 5’20 cartridges
Prosecutors argue that the possession of these items without lawful authority constitutes offences under the Terrorism (Prevention and Prohibition) Act, 2022 and the Firearms Act, 2004.
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Charges outline alleged terrorism preparation
One of the charges alleges that the possession of the firearm and ammunition constituted conduct in preparation for acts of terrorism, contrary to provisions of the Terrorism (Prevention and Prohibition) Act, 2022.
Other counts relate to illegal possession of firearms and ammunition, offences punishable under the Firearms Act, 2004.
Both Malami and his son have denied wrongdoing.
A high-profile trial now under the AGF’s control
The decision by Attorney-General Lateef Fagbemi to take over the prosecution introduces a new dimension to what is already one of the most politically sensitive criminal trials involving a former senior government official.
Under Nigeria’s legal system, the Attorney-General has constitutional authority to take over, continue or discontinue criminal proceedings instituted by other agencies.
The case is now expected to proceed on March 10, when the court reconvenes for the formal opening of trial.
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