•Ex-AGF Agabi leads 15 SANs for defence

The Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi (SAN), has taken over the prosecution of the criminal case brought against Mike Ozekhome (SAN) by the Independent Corrupt Practices and other related offences Commission (ICPC).

The development yesterday stalled the planned arraignment of the lawyer at the High Court of the Federal Capital Territory (FCT) on the three-count charge filed against him by the ICPC, in which he is accused, among others, of forgery.

When the case was called, the Director of Public Prosecution of the Federation (DPPF), Rotimi Oyedepo (SAN), said he was representing the AGF and informed the court of the minister’s decision to take over the case from the ICPC.

Oyedepo said the AGF was acting within his powers, as provided for in Section 174 of the Constitution, in collaboration with the ICPC.

The DPPF said the AGF’s decision was informed by the need to ensure that the prosecution complies with the highest standard of effectiveness, efficiency, diligence, and compliance with due process of law.

He added that the AGF was guided by public interest to instill confidence, fairness, and competence in the criminal justice.

Oyedepo told the court that the interagency cooperation in the fight against corruption was also considered by the AGF in taking over the case 

The lawyer assured the court that the rights of the defendant would be protected, adding that no party would suffer any injustice.

Oyedepo subsequently asked the court to take judicial notice of the formal takeover of the trial by the office of the AGF.

He sought an adjournment to enable the AGF’s office to retrieve the case file from the ICPC, review the same and decide on what next steps to take.

ICPC’s lawyer, Osuebeni Akpomisingha (who filed the charge), did not object to the takeover of the case by the AGF.

Akpomisingha assured that the ICPC, as the agency that investigated the case, would fully cooperate with the AGF’s office in prosecuting the case.

A former AGF, Kanu Agabi (SAN), who led a team of lawyers (comprising 15 SANs) for the defence, also did not object to the takeover of the case by Fagbemi.

Following Oyedepo’s application for an adjournment, which Agabi did not oppose, Justice Peter Kekemeke adjourned till February 24 for the arraignment.

Some counts in the charge read:

* That you Chief Mike Ozekhome, SAN (M) ’68 years’ of Numberc 53, Nile Street, Maitama, Abuja, sometime in August 2021 or thereabout at a place outside Nigeria, that is, London, 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.

* That you Chief Mike Ozekhome, SAN (m) ’68 years’ of Number 53, Nile Street, Maitama, Abuja, sometime in August 2021 or thereabout at Abuja, 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.

* That you Chief Mike Ozekhome, SAN (M) ’68 years’ of Number 53, Nile Street, Maitama, Abuja, sometime in August 2021 or thereabout at Abuja, 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.