Prosecution of Suspected Terrorism Funding Hindered as FG Replaces Lawyer in Malami's Case

The Federal Government has appointed a new prosecutor to oversee the ongoing trial of former Attorney-General of the Federation and Minister of Justice, Mr Abubakar Malami, SAN, who is facing a five-count charge related to terrorism financing and illegal possession of firearms.

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Malami, who served under former President Muhammadu Buhari’s administration from November 11, 2015, to May 29, 2023, was arraigned alongside his son, Abdulaziz, and they both pleaded not guilty to the allegations.

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The Department of State Services (DSS) handed over the case to the Office of the Attorney-General of the Federation (AGF) on March 4, when it was slated for the commencement of a full hearing, and subsequently withdrew from the prosecution to allow the AGF’s office to take over.

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The Director of Public Prosecutions of the Federation (DPPF), Mr Rotimi Oyedepo, SAN, informed the court of AGF Prince Lateef Fagbemi’s decision to prosecute the defendants and added that the DSS had transmitted the case file to the AGF’s office.

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Mr Oyedepo applied for an adjournment to enable the AGF’s office to review the case file and decide on the next course of action, a request that was later followed by another application for adjournment by the new prosecutor, Mr Akinlolu Kehinde, SAN.

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Mr Kehinde, who often prosecutes high-profile cases for the DSS, announced his appearance for the FG at the resumed proceedings on Tuesday and pleaded for an adjournment to interact with the proposed witnesses, a request that was not opposed by counsel for the defendants, Mr Shuaibu Arua, SAN.

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Consequently, Justice Abdulmalik deferred the commencement of the hearing until April 15 and 16, giving the new prosecutor ample time to prepare for the case.

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The former Justice Minister was accused of knowingly abetting terrorism financing by refusing to prosecute terrorism financiers whose case files had been brought to his office as AGF, as stated in count one of the charge.

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In counts two to five, both Malami and his son were jointly accused of unlawful possession of firearms, offences punishable under the Terrorism (Prevention and Prohibition) Act, 2022, and the Firearms Act, 2004.

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The charge marked FHC/ABJ/CR/63/2026 alleged that Malami and Abdulaziz stored firearms at their residence in Gesse Phase II, Birnin Kebbi LGA, Kebbi State, without lawful authority.

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The defendants were granted bail in the sum of N200 million each, with two sureties each in like sum, but they remain in prison custody owing to a separate money laundering charge filed by the Economic and Financial Crimes Commission (EFCC).

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The DSS had initially arraigned Malami and his son before the court on February 3, marking the beginning of the high-profile trial.