By Vivian Okejeme, Abuja
A Federal Capital Territory (FCT) High Court sitting in Maitama, Tuesday, struck out a forgery charge brought against Prof Mike Ozekhome, SAN.
Justice Peter Kekemeke struck out the charge following its withdrawal by the federal government.
The charge was initially filed by the Independent Corrupt Practices and other related offences Commission (ICPC), following a judgement of a London court in respect of a property belonging to former FCT Minister, the late General Jeremiah Useni.
When the matter was called last month for arraignment, the office of the Attorney-General of the Federation had brought an application seeking to take over the case for effective prosecution.
At the resumed trial on Tuesday, the Director of Public Prosecution of the Federation, Mr Rotimi Oyedepo, SAN, who represented the prosecution, told the court that after reviewing the case file he has the instructions of the AGF to withdraw the charge for “further instruction”.
Oyedepo said that the application was brought in line with Section 108 of the Administration of Criminal Justice Act.
Responding, Chief Paul Erokoro, SAN, who led the defense team, said he was not opposed to the withdrawal.
In a short ruling, Justice Kekemeke held that the application haven not objected is granted and the charge is hereby withdrawn and accordingly dismissed.
ICPC has dragged Ozekhome to court alleging knowingly presenting forged documents including a Nigerian international passport to support his claim of ownership of a property located at 79 Randall Avenue, London NW2 7SX, during proceedings before the London First-Tier Tribunal.
The constitutional lawyer is said to have committed the alleged offences sometime in August 2021, in the Maitama area of Abuja, within the jurisdiction of the FCT high court.
In count one the federal government claim “That you Chief Mike Ozekhome, SAN (M) ’68yrs’ of No. 53, Nile Street, Maitama, Abuja, sometime in August, 2021 or thereabout at a place outside Nigeria i.e. 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 alleged “That you Chief Mike Ozekhome, SAN (M) ’68yrs’ of No. 53, Nile Street, Maitama, Abuja, sometime in August 2021 or thereabout 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: Nigeria passport A07535463 bearing the name of Mr Shani Tali with intent to use same to support 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.
While count three said “That you Chief Mike Ozekhome, SAN (M) ’68yrs’ of No. 53, Nile Street, Maitama, Abuja, sometime in August 2021 or thereabout 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 Nigeria passport A07535463 bearing the name of Mr Shani Tali to support claim of ownership of property known and described a s 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.”
Documents to be tendered include the judgment of the London First-Tier Tribunal, extra-judicial statements, letters from relevant authorities, and passport data linked to Shani Tali.
