Justice Peter Kekemeke of the High Court of the Federal Capital Territory (FCT), sitting at Maitama, Abuja, on Monday granted permission to the Office of the Attorney-General of the Federation (AGF) to take over the prosecution of senior legal luminary and human rights activist, Professor Mike Ozekhome, SAN.
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The AGF and Minister of Justice, Prince Lateef Fagbemi, SAN, formally took over Ozekhome’s prosecution in the alleged fraud charges brought against him by the Independent Corrupt Practices and Other Related Offences Commission (ICPC), which had filed a three-count charge against the defendant.
Ozekhome was scheduled to be arraigned before the court today to take his plea on the charge.
At today’s proceedings, ICPC’s Head of the High Profile Prosecution Department, Dr Osuobeni Ekoi Akponimisingha, announced an appearance for the prosecution, while a former AGF and Minister of Justice, Kanu Agabi, SAN, led 15 other SANs and other lawyers to announce their appearance for the defendant.
After announcing their appearances, the newly appointed Director of Public Prosecutions of the Federation, Rotimi Oyedepo, SAN, announced his appearance on behalf of the AGF and informed the court of the AGF’s decision to take over the case from the ICPC.
He said that the decision to take over the case from the ICPC was in pursuance of Section 174 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), with a view to collaborating with the anti-corruption commission.
According to Oyedepo, the decision was to ensure that the prosecution met the highest standards of effectiveness, efficiency, diligence, and compliance with due process of law.
The DPPF added that it was guided by public interest in order to instil confidence, fairness, and competence in the criminal justice system, adding that inter-agency cooperation in the fight against corruption was also considered by the AGF in taking over the case.
He, however, assured the court that the rights of the defendant would be protected, adding that no party would suffer any adverse effects.
Oyedepo subsequently asked the court to take judicial notice of the formal takeover of the trial by the Office of the AGF.
He then sought an adjournment to enable his office retrieve the case file from the ICPC with a view to thoroughly reviewing it and taking the next line of action.
Responding to the development, Akponimisingha told the court that the commission had no objection to the takeover by the AGF.
He promised that the ICPC would fully cooperate with the Office of the AGF, being the agency that investigated the matter.
The lead counsel for Ozekhome, Agabi, SAN, also did not object to the takeover by the AGF.
Justice Kekemeke subsequently adjourned the case to February 24 for the arraignment of the senior advocate.
The ICPC had filed the following charges against Ozekhome:
COUNT ONE: That you, Chief Mike Ozekhome, SAN (M), 68 years, of No. 53, Nile Street, Maitama, Abuja, sometime in August 2021 or thereabouts, at a place outside Nigeria, to wit, London, within the jurisdiction of this honourable court, directly received house 79 Randall Avenue, London NW2 7SX, purportedly given to you by one Mr Shani Tali, an act you knew constitutes a felony, and you thereby committed an offence contrary to Section 13 and punishable under Section 24 of the Corrupt Practices and Other Related Offences Act, 2000.
COUNT TWO: That you, Chief Mike Ozekhome, SAN (M), 68 years, of No. 53, Nile Street, Maitama, Abuja, sometime in August 2021 or thereabouts, at Abuja, within the jurisdiction of this honourable court, while being a legal practitioner and Senior Advocate of Nigeria, did make a false document, to wit, Nigerian passport A07535463 bearing the name of Mr Shani Tali, with intent to use same to support a claim of ownership of property known and described as 79 Randall Avenue, London NW2 7SX, with intent to commit fraud, and you thereby committed an offence contrary to Section 363 and punishable under Section 364 of the Penal Code, Cap 532, Laws of the Federal Capital Territory, Abuja, 2006.
COUNT THREE: That you, Chief Mike Ozekhome, SAN (M), 68 years, of No. 53, Nile Street, Maitama, Abuja, sometime in August 2021 or thereabouts, at Abuja, within the jurisdiction of this honourable court, while being a legal practitioner and Senior Advocate of Nigeria, dishonestly used as genuine a false Nigerian passport A07535463 bearing the name of Mr Shani Tali to support a claim of ownership of property known and described as 79 Randall Avenue, London NW2 7SX, when you had reason to believe that the said document was false, and you thereby committed an offence contrary to Section 366 and punishable under Section 364 of the Penal Code, Cap 532, Laws of the Federal Capital Territory, Abuja, 2006.
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