The federal government has dropped terrorism financing charges against former Attorney-General of the Federation (AGF) and Minister of Justice, Abubakar Malami, and his son Abdulaziz, but will press on with prosecuting them for other offences they were charged with.
The prosecution, led by Akinlolu Kehinde, a Senior Advocate of Nigeria (SAN), announced an amendment to the case during Wednesday’s proceedings at the Federal High Court in Abuja.
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The Cable reported that Mr Kehinde, a Senior Advocate of Nigeria, sought the court’s permission to swap the former indictment with the amended version which includes other old charges like possession of firearms.
Defence lawyer Shaibu Aruwa, confirmed to the judge, Joyce Abdulmalik, that his clients had been served with the amended charges.
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Mr Malami, who is seeking to run for Kebbi State governor in the forthcoming 2027 general elections, and his son pleaded not guilty to the amended charges when read to them.
The judge ruled that the bail granted to the defendants on 27 February would remain in place.
She then set 26 May and 15 June for trial.
Charges
The State Security Service (SSS) first arraigned Mr Malami (SAN) and his son before the judge on 3 February on six terrorism-related charges.
In the charges, the federal government alleged that Mr Malami, sometime in November 2022, knowingly abetted terrorism financing by allegedly refusing to prosecute suspected terrorism financiers whose case files were forwarded to his office while he served as Attorney General of the Federation.
The offence is said to be contrary to Section 26(2) of the Terrorism (Prevention and Prohibition) Act, 2022.
These charges are now off the case following Wednesday’s amendment.
In another count, the prosecution alleged that Mr Malami and his son engaged in conduct preparatory to an act of terrorism by possessing, without licence, a Sturm Magnum firearm, 16 live cartridges, and 27 expended cartridges at their residence in Birnin Kebbi, Kebbi State, in December 2025.
The defendants were also accused of unlawful possession of the firearm and ammunition, offences punishable under relevant provisions of the Firearms Act.
The amendment of the charges was prompted by a change in the prosecution team.
Mr Kehinde first appeared in the case on 10 March after taking over the prosecution.
During the 10 March proceedings, Mr Kehinde pleaded with the judge to adjourn the trial to afford him to confer with prosecution witnesses.
The judge then adjourned the case until today (Wednesday).
Before Mr Kehinde, the Director of Public Prosecution of the Federation (DPPF), Rotimi Oyedepo, who is also a SAN, had appeared in the case.
Mr Oyedepo told the judge during his first and only appearance yet on 4 March that the SSS had just sent the case file to his office.
He requested time to familiarise himself with the case.
The judge adjourned the case until 10 March.
However, it was Mr Kehinde who appeared for the prosecution at the 10 March proceedings instead of Mr Oyedepo,
Mr Kehinde also appealed to the judge to adjourn proceedings because he was just taking over the prosecution.
The judge agreed and postponed the hearing until today, when the prosecution brought amended charges.
Intervening developments have stalled progress in the trial since the defendants were first arraigned on 3 February.
Separate money laundering case
The illegal possession of firearms case is not the only one Mr Malami and his son are grappling with.
The defendants are also facing a separate money laundering case before the same court.
The father and son are standing trial for money laundering along with Mr Malami’s wife, Asabe Bashir.
The Economic and Financial Crimes Commission (EFCC) arraigned the trio on 16 money laundering charges at the Federal High Court in Abuja.
The charges allege that between 2015 and 2025, the defendants conspired to conceal, disguise and retain proceeds of unlawful activity worth about N8.7bn through multiple bank accounts, corporate entities and high value property acquisitions.
The case was first brought before Judge Emeka Nwite on 30 December last year. The judge remanded the three of them in custody and admitted them to bail of N500 million each with two sureties.
After the court resumed from the Christmas break, the file was returned to Chief Judge John Tsoho for re-assignment to another judge.
The case was re-assigned to Judge Obiora Egwuatu, who announced his withdrawal from the case on personal grounds during its first hearing before him.
The chief judge then re-assigned the matter to Judge Abdulmalik, the same judge handling the illegal possession of firearms case against Mr Malami and his son.
On 27 February, the prosecutor, Jibrin Okutepa, a SAN, applied to correct clerical errors in two of the counts, reducing figures from billions to millions.
Mr Malami and his co‑defendants pleaded not guilty to all counts.
Judge Abdulmalik ordered the three back to custody while fresh bail applications were filed, and adjourned the matter for commencement of trial and hearing of bail applications.
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The EFCC alleged in the case that Mr Malami and family members used a complex network of companies and bank accounts to launder alleged proceeds of unlawful activity, including concealing funds in corporate accounts, retaining cash as loan collateral, and acquiring high value properties in Abuja, Kano and other locations.
Mr Malami is also facing separate asset forfeiture proceedings involving properties in Abuja, Kano, Kaduna and his home state of Kebbi, worth nearly N213 billion, at stake.
Recently, the EFCC marked some of the properties under the interim forfeiture order, a move Mr Malami protested and told operatives who did the marking that they would meet in court.
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