In a dramatic development at the Federal Capital Territory High Court in Abuja, the Office of the Attorney-General of the Federation and Minister of Justice has formally assumed control of the criminal prosecution against prominent legal luminary, Mike Ozekhome, SAN. The case, involving serious allegations of fraud and forgery related to a multi-million-pound London property, was poised to commence with his arraignment today before being abruptly taken over by the nation’s chief law officer, Lateef Fagbemi, SAN.
The intervention halted proceedings initiated by the Independent Corrupt Practices and Other Related Offences Commission. Dr. OsuobenI Akpomosingha, who appeared for the ICPC, found his role superseded when the Director of Public Prosecutions of the Federation, Rotimi Oyedepo, SAN, announced his appearance on behalf of the AGF. Oyedepo informed the presiding judge, Justice Peter Kekemeke, of the minister’s decision to take over the case pursuant to powers vested in his office by Section 174 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
“This decision is guided by the public interest, the need to instil confidence in the criminal justice system, and to ensure the highest standards of effectiveness, diligence, and due process are maintained,” Oyedepo stated before the court. He emphasised that the takeover signified robust inter-agency cooperation in the fight against corruption and assured that the defendant’s rights would be scrupulously protected, ensuring no party would suffer any adverse injustice. The ICPC’s counsel did not object to the move, pledging the commission’s full cooperation with the AGF’s office, which will now lead the prosecution.
Consequently, the AGF’s office sought an adjournment to retrieve the complete case file from the ICPC, conduct a thorough review, and determine the subsequent course of action. By consensus of all legal representatives, Justice Kekemeke adjourned the case until the 24th of February for arraignment. The defendant, Mike Ozekhome, was represented by a formidable legal team led by a former Attorney-General of the Federation himself, Kanu Agabi, SAN.
The Legal Basis: Section 174 Powers
The Attorney-General’s authority to intervene stems from Section 174(1)(b) & (c) of the 1999 Constitution, which grants him the power to “take over and continue any such criminal proceedings instituted by any other authority or person” and to “discontinue at any stage before judgment is delivered any such criminal proceedings.” This power is to be exercised in the interest of justice, public policy, and to prevent abuse of legal process. Such a high-profile invocation of this constitutional authority underscores the sensitivity and complexity of a case involving a senior member of the legal profession accused of severe financial crimes.
The Core of the Allegations
The three-count charge, marked FCT/HC/CR/010/26 and filed on the 16th of January, details grave accusations against Ozekhome as the sole defendant. The charges revolve around a property identified as House 79, Randall Avenue, London NW2 7SX.
Count One alleges that the senior lawyer, sometime in August 2021 in London, directly received this property from one Mr. Shani Tali, knowing the transaction constituted a felony. This charge is framed as contrary to Section 13 and punishable under Section 24 of the Corrupt Practices and Other Related Offences Act, 2000.
The allegations escalate in Count Two, which accuses Ozekhome of forgery. It is claimed that, around the same period, he made a false Nigerian passport (number A07535463) bearing Mr. Shani Tali’s name. The ICPC alleges this was done with the intent to use the document to fraudulently support a claim of ownership over the London property—an offence contrary to Section 363 and punishable under Section 364 of the Penal Code applicable in the Federal Capital Territory.
Count Three further alleges that Ozekhome dishonestly used this false passport as a genuine document to support his ownership claim, an act contrary to Section 366 and also punishable under Section 364 of the Penal Code. Collectively, these charges paint a picture of a sophisticated alleged scheme to acquire and legitimise ownership of valuable overseas assets through deceptive means.
Implications and Analysis
The AGF’s takeover has significant immediate and strategic implications. Firstly, it postpones the public hearing of the specific evidence, shifting initial scrutiny onto the procedural move itself. Legal analysts suggest this intervention could be aimed at ensuring an unimpeachable prosecution given the defendant’s formidable status and legal acumen, thereby strengthening the case before court. It may also signal a desire for centralised control over a case with substantial international dimensions and potential diplomatic nuances.
Furthermore, it demonstrates a coordinated, top-tier approach within President Bola Tinubu’s administration to high-profile anti-corruption cases. The collaboration between the AGF’s office and the ICPC, as emphasised by Oyedepo, is presented as a model of inter-agency synergy. However, it also raises questions about the ICPC’s initial preparedness and whether the AGF’s intervention implies a need for greater prosecutorial heft or a realignment of strategy.
For Mike Ozekhome, SAN, a figure renowned for defending high-profile clients against the state, the experience of being the defendant, with the state’s full legal machinery arrayed against him, marks a stark personal and professional reversal. His legal team, led by Agabi, is expected to mount a vigorous defence, potentially challenging the validity of the takeover and the substance of the charges at the next hearing.
The adjournment until February provides both the prosecution and defence critical time. The AGF’s office will meticulously review the ICPC’s investigation dossier, while Ozekhome’s team will prepare to challenge what is likely to be a meticulously crafted charge. The coming weeks will be characterised by intense legal preparation behind the scenes, setting the stage for a potentially landmark courtroom battle in late February.
This case has already captured the attention of Nigeria’s legal community, political circles, and the public. It represents a critical test of the nation’s resolve to apply its anti-corruption laws without fear or favour, even when the accused is a member of the legal elite. The decision by Justice Kekemeke on the 24th of February to proceed with the arraignment will be the next major flashpoint in a story that sits at the intersection of law, property, power, and integrity. All eyes will remain on the Abuja High Court as this unprecedented legal drama continues to unfold.
