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Court Adjourns Malami’s Trial to March 10 as AGF Assumes Prosecution

The DSS has withdrawn from prosecuting former Justice Minister Abubakar Malami, transferring the case to the AGF’s office. The Federal High Court in Abuja adjourned the matter to March 10.

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Abubakar Malami and son jailed

The trial of former Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN, has been adjourned to March 10 after the Department of State Services (DSS) formally handed over the case to the Office of the Attorney-General of the Federation (AGF).

Malami, who served under former President Muhammadu Buhari from November 11, 2015, to May 29, 2023, is facing a five-count charge bordering on terrorism financing and unlawful possession of firearms. He is being tried alongside his son, Abdulaziz Malami.

At Wednesday’s proceedings before the Federal High Court in Abuja, the Director of Public Prosecution of the Federation, Mr. Rotimi Oyedepo, SAN, announced that the AGF, Lateef Fagbemi, SAN, had taken over the prosecution.

“My Lord, I was informed by counsel to the DSS that the case file has been transmitted to the Office of the Attorney-General of the Federation,” Oyedepo told the court.

He requested an adjournment to allow the AGF’s office to review the case file and determine its next steps.

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Defence counsel, Mr. Adedayo Adedeji, SAN, did not oppose the request but stated he would apply to have the case struck out at the next hearing if the prosecution fails to begin trial.

Justice Abdulmalik adjourned the matter until March 10.

The DSS had initially arraigned Malami and his son on February 3. In the first count, Malami is accused of knowingly abetting terrorism financing by allegedly declining to prosecute suspected financiers whose files were brought to his office during his tenure as AGF.

In counts two through five, both defendants are charged with unlawful possession of firearms, offences punishable under the Terrorism (Prevention and Prohibition) Act, 2022, and the Firearms Act, 2004.

The charge, marked FHC/ABJ/CR/63/2026, alleges that the firearms were stored at their residence in Gesse Phase II, Birnin Kebbi Local Government Area of Kebbi State, without lawful authority.

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Both men pleaded not guilty and were granted bail of N200 million each, with two sureties in like sum. However, they remain in custody due to a separate money laundering case instituted by the Economic and Financial Crimes Commission (EFCC).

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