The trial of Nigeria’s former Attorney-General of the Federation (AGF), Abubakar Malami (SAN), took a significant turn on Wednesday as the sitting Minister of Justice, Prince Lateef Fagbemi (SAN), formally took over the prosecution from the Department of State Services (DSS). The move was announced during proceedings at the Federal High Court in Abuja, presided over by Justice Joyce Abdulmalik.
Malami and his son, Abdulaziz, are facing a five-count charge bordering on terrorism financing and the illegal possession of firearms. Specifically, the former AGF is accused of “knowingly abetting terrorism financing” during his tenure by allegedly refusing to prosecute suspected terrorism financiers whose case files had been transmitted to his office. Additionally, the DSS alleges that a search of Malami’s residence in Birnin Kebbi uncovered a Sturm Magnum firearm and various rounds of live ammunition held without lawful authority.
The takeover by the current AGF was confirmed by the Director of Public Prosecution of the Federation (DPPF), Rotimi Oyedepo (SAN). Oyedepo informed the court that the prosecution could not proceed immediately, as the Ministry of Justice requires time to review the case files recently handed over by the DSS to ensure an “informed decision” on the trial’s trajectory.
While the defense team, led by Adedayo Adedeji (SAN), did not oppose the adjournment, they expressed frustration over continued delays. Adedeji urged the court to consider striking out the charges if the federal government fails to open its case at the next hearing, citing a lack of diligent prosecution. This follows a separate legal battle where Malami, his wife, and his son were recently admitted to bail over an alleged ₦8.7 billion fraud case brought by the EFCC.
Justice Abdulmalik subsequently adjourned the matter to March 10, 2026, for the formal commencement of the trial. The case is being closely watched as a landmark moment in Nigerian judicial history, marking the first time a former chief law officer has been prosecuted by his successor for crimes allegedly committed while in office.
