Justice Peter Kekemeke of a High Court of the Federal Capital Territory (FCT) on Tuesday struck out the forgery charge brought against senior lawyer, Prof Mike Ozekhome, SAN.
The court 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short ruling, Justice Kekemeke held that the application haven not objected is granted and the charge marked….is hereby withdrawn and accordingly dismissed.
Recall that in January the Independent Corrupt Practices and Other Related Offences Commission (ICPC) filed a criminal charge against Chief Mike Ozekhome, SAN, over allegations of fraud involving a London property.
The ICPC, in a three-count charge filed by its lawyer, Osuobeni Akponimisingha, Head of the High Profile Prosecution Department, at the Abuja High Court, accused Ozekhome of complicity in the large-scale corruption case.
In the fresh charge, marked: FCT/HC/CR/010/26, dated and filed Jan. 16, ICPC named the senior lawyer as sole defendant.
Count one alleged that Ozekhome, 68 years, of No. 53, Nile Street, Maitama, Abuja, sometime in August 2021 or thereabout in London, within the jurisdiction of the court, directly received House 79, Randall Avenue, London NW2 7SX, purportedly given to him by one Mr Shani Tali.
The act he knew constituted a felony and thereby committed an offence contrary to Section 13 and punishable under Section 24 of the Corrupt Practices and Other Related Offences Act, 2000.
In count two, Ozekhome was alleged to have, sometime in August 2021 or thereabout, while being a legal practitioner and Senior Advocate of Nigeria, made a false document with a Nigerian passport, A07535463, bearing the name of Mr. Shani Tali.
The commission alleged that the senior lawyer did this with the plan to use the same to support a claim of ownership of property known and described as “79, Randall Avenue, London NW2 78X with the intent to commit fraud.”
ICPC said the offence is 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 accused Ozekhome of dishonestly using a genuine, false “Nigeria passport A07535463, bearing the name of Mr Shani Tali to support the claim of ownership of property known and described as ’79, Randall Avenue, London NW2 7SX,’ when he had reason to believe that the said document was false.
The ICPC said the offence is contrary to Section 366 and punishable under Section 364 of the Penal Code, CAP 532 Laws of the Federal Capital Territory Abuja, 2006.