AGF Fagbemi Moves to Lead Prosecution in Malami Case

The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, has formally taken over the prosecution of his immediate predecessor, Abubakar Malami, in the terrorism and illegal firearms case instituted by the Department of State Services (DSS).

Fagbemi, a Senior Advocate of Nigeria, SAN, took over the
trial from the DSS on Wednesday at the Federal High Court in Abuja.

At the Wednesday’s proceedings where prosecution of Malami
and his son Abdulazeez Malami was to kick-start, Fagbemi through the Director
of the Public Prosecution of the Federation, DPPF, Rotimi Oyedepo, SAN,
announced appearance in the matter.

He told Justice Joyce Abdulmalik that the trial cannot
proceed because Fagbemi has just taken over the prosecution.

According to him, the case file has just been delivered to
the AGF and he needed time to study it to be able to take a well informed
decision.

Malami represented by Adedayo Adedeji, SAN, 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 fixed March 10
for trial to be opened by the AGF.

The Court had on February 27 admitted Malami and his son,
Abdulaziz to N200m bail, with two sureties, each one of whom must own landed
property either in Maitama or Asokoro.

Justice Abdulmalik had said that the title of the property
must be deposited with the Deputy Chief Registrar of the Court along with valid
international passports.

The sureties were also ordered 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 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, 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, 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.

It reads: “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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