The Office of the Attorney General of the Federation (OAGF) has withdrawn the criminal case brought against Mike Ozekhome (SAN) by the Independent Corrupt Practices and other related offences Commission (ICPC).
The Director of Public Prosecution of the Federation (DPPF), Rotimi Oyedepo (SAN) told A High Court of the Federal Capital Territory (FCT) in Maitama on Tuesday that th AGF plans to take a holistic look at the case and decide on what better option to adopt.
Oyedepo said since many agencies, including the ICPC, the Code of Conduct Bureau and the Economic and Financial Crimes Commission (EFCC), were working on deferent aspects of the case, there is need for synergy.
He subsequently applied pursuant to Section 108 of the Administration of Criminal Justice Act (ACJA), 2015 for the withdrawal of the charge pending when further action would be taken on the case.
Following Oyedepo’s application, which was not opposed by the defence legal team led by Paul Erokoro (SAN), Justice Peter Kekemeke struck out the three-count charge in which Ozekhome is accused of among others, forgery.
On January 29 Oyedepo had informed the court of the AGF’s decision to take over the case from the ICPC.
Oyedepo said the AGF was acting under his powers as provided in Section 174 of the Constitution in a collaborative effort 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 in order to instil confidence, fairness and competence in the criminal justice.
Oyedepo said the interagency cooperation in the fight corruption was also considered by the AGF in taking over the case
He assured the court that the right 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 take over of the trial by the office of the AGF.
He then sought an adjournment to enable the AGF’s office retrieve the case file from the ICPC, review same and decide on what next steps to take.
The charge bordered on allged giving false information, making and using forged documents, and attempting to deceive a public authority.
The ICPC alleged, in the charge marked: FCT/HC/CR/010/2026, that Ozekhome knowingly presented forged documents, including a Nigerian passport, to support a claim of ownership of a property located at 79 Randall Avenue, London NW2 7SX, during proceedings before the UK First-tier Tribunal.
It claimed that the alleged offences were committed sometime in August 2021 in Maitama, Abuja, within the jurisdiction of the FCT High Court.
In the first count, the ICPC alleged that in August 2021, Ozekhome directly received the London property from one Mr Shani Tali, knowing that the transaction constituted a felony, contrary to Section 13 and punishable under Section 24 of the Corrupt Practices and Other Related Offences Act, 2000.
The second count accused Ozekhome of making a false document, specifically, a Nigerian passport bearing number A07535463 in the name of Mr Shani Tali, with the intent to support a claim of ownership of the London property. This offence is said to be contrary to Sections 363 and 364 of the Penal Code of the Federal Capital Territory.
In the third count, Ozekhome was accused of dishonestly using the allegedly forged passport as genuine during the property dispute, despite having reason to believe it was false, an offence contrary to Section 366 of the Penal Code.
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