On Friday, the Office of the Attorney-General of the Federation (AGF) arraigned Mike Ozekhome, a prominent lawyer, alongside a co-defendant on twelve counts of forgery and impersonation at the FCT High Court located in Maitama, Abuja.
The prosecution claims that Ozekhome and his co-defendant, Ponfa Useni, engaged in the forgery of several documents, including a passport and an irrevocable power of attorney, to assert ownership over a property situated in London.
Upon their arraignment, both defendants pleaded not guilty to the charges. The court subsequently granted bail to each of them amounting to N10 million.
This legal action follows a recent withdrawal of the original case, which consisted of three counts, by the AGF’s office. Just hours after the withdrawal, the AGF refiled the case, now detailing twelve counts of charges, which was noted to have happened on Tuesday.
Initially, Ozekhome faced charges as the sole defendant in a case pursued by the Independent Corrupt Practices and Other Related Offences Commission (ICPC).
Tayo Oyetibo and F. R. Onoja, both Senior Advocates of Nigeria (SAN), represented the defendants and promptly sought bail after their clients entered a plea.
Rotimi Oyedepo, also a SAN and the Director of Public Prosecutions of the Federation (DPPF), did not object to the bail applications. Consequently, the presiding judge, Chizoba Oji, granted bail to both defendants in the sum of N10 million each, requiring that they present sureties.
The judge stipulated that the sureties must own real estate in Abuja. Furthermore, the court ordered that both defendants surrender their passports to avoid any attempts to flee the country without prior court permission.
The defendants were advised they had until the end of business hours on Friday to meet these conditions; should they fail to do so by Monday, they would face incarceration.
In terms of the amended charges, it is alleged that Ozekhome and Useni conspired in 2020 with the late Jeremiah Useni, a former general and ex- minister, to create false documentation, including a sham Nigerian International Passport No. A07535463 in the name of Tali Shani, falsely implied to be issued by the Nigeria Immigration Service, to claim ownership of a UK property.
The prosecution further charged the two for using the fraudulent passport to facilitate their claim to the disputed property.
Moreover, the indictment suggests that Useni impersonated a fictitious individual, Tani Shani, while Ozekhome allegedly assisted in this impersonation in 2020. The two reportedly crafted a fake “Irrevocable Power of Attorney” to validate Ozekhome’s claim to the property.
They are also accused of collecting £18,000 in rent for the contested property, in violation of Section 319A of the Penal Code Law, 2009.
In addition, the prosecution cited the creation of a spurious document titled: RE: REQUEST FOR AUTHENTICATION OF NIGERIAN PASSPORT NO. A07535463 BELONGING TO MR. TALI SHANI, dated 4 May 2023, to support their claims regarding the London property.
These alleged offenses also violate various provisions of the Penal Code Law, specifically sections 83, 84, 96, 179, 363, 364, and 366.
The tribunal in London had previously thwarted Ozekhome’s claim to the property based on findings revealing an intricate scheme of fraud and impersonation, concluding that the late Useni had legitimately purchased the property in 1993.
In August 2021, Ozekhome attempted to transfer the property, asserting it was a gift from someone posing as Tali Shani in acknowledgment of his legal services. However, this claim was contested, leading to significant legal battles.
Key to the tribunal's ruling was testimony from Useni, stating unequivocally that the property was his. Subsequent investigations unveiled fraudulent identity documents that linked both defendants to corrupt practices involving officials from various Nigerian governmental agencies.
Following the tribunal's decision, Ozekhome commented to the ICPC regarding the UK judgment, which he viewed as a response to his property transfer application contested by Shani Tali through the H.M. Lands Registry UK. He maintained that the proceedings have been under the EFCC's scrutiny for months, and he insists that everything regarding the claims over the property was documented sufficiently.
In November of the previous year, the Code of Conduct Bureau (CCB) received a Federal High Court ruling to temporarily freeze the property, alleging it was obtained under dubious circumstances by the late Useni.
Efforts were made to solicit proof of legitimate acquisition, but no claims surfaced within the designated time frame, leading the CCB to file for final forfeiture under the Proceeds of Crime Act, 2022.
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