THE Federal Government has filed fresh criminal charges against Mike Ozekhome, a Senior Advocate of Nigeria (SAN), over alleged use of a fake Nigerian Passport in a disputed property case in the United Kingdom (UK).
The Office of the Attorney General of the Federation (AGF) and Minister of Justice on Tuesday, February 24, refiled amended charges against Ozekhome, hours after withdrawing the initial case alleging forgery, impersonation and other offences concerning ownership battle over the controversial London property.
The Director of Public Prosecution of the Federation (DPPF), Rotimi Oyedepo (SAN), Acting on behalf of the AGF, had filed 12 counts against Ozekhome and Ponfa Useni, son of the late former FCT minister, Gen. Jeremiah Useni, accusing them of forgery, impersonation and unlawful acquisition of property in the UK.
The case, in which Ozekhome was the sole defendant, was earlier filed by the Independent Corrupt Practices and other related offences Commission (ICPC) before the FCT High Court in Abuja, but was withdrawn.
The AGF office subsequently took over the case on January 26 and requested the rescheduling of the arraignment of the defendant.
Justice Peter Kekemeke then rescheduled the arraignment for Tuesday. But the arraignment could not proceed on Tuesday, as Oyedepo announced the withdrawal of the charges, prompting the Judge to strike them out.
Oyedepo did not give any specific reason for withdrawing the charges, other than saying it would enable the AGF to strengthen his review of all the cases before all the prosecuting agencies.
But hours later, the AGF refiled the case before the same court, with the amended version raising the number of counts from three to 12 and adding another defendant, Ponfa Useni.
According to the amended charges, Ozekhome and Ponfa Useni conspired in 2020, alongside the late Useni, and made “a false Nigerian International Passport, No. A07535463, with the name Tali Shani, and purported same to have been issued by the Nigeria Immigration Service” to claim a property in the UK.
They were also charged with “using the false Passport to facilitate the claim of the property.”
It is alleged that the document was obtained when the late Useni allegedly falsely “personated Tani Shani, a fictitious person, and with such assumed character made a Power of Attorney.”
The prosecution also alleged that Ozekhome helped Ponfa Useni to impersonate Tali Shani in 2020, and together created a fake “Irrevocable Power of Attorney” to help Ozekhome claim the property.
The Prosecution also alleged in that the defendants received £18,000 as rent for the property, contrary to Section 319A of the Penal Code Law, 2009, as well as making a false document, titled: RE: REQUEST FOR AUTHENTICATION OF NIGERIAN PASSPORT NO. A07535463 BELONGING TO MR. TALI SHANI, dated May 4, 2023, to claim the property.
The offences contravene and attract punishments stipulated under various provisions of the Penal Code Law, including sections 83, 84, 96, 179, 363, 364 and 366.
In the charge sheet, Ponfa was identified with the alias “Tali Shani.
The controversy involves a property located at 79 Randall Avenue, London NW2 7SX. It was filed at the First-tier Tribunal (Property Chamber) Land Registration, UK, under case number REF/2023/0155, with Tali Shani as the applicant and Ozekhome as the respondent.
The property had been claimed by ‘Ms. Tali Shani on one hand and Ozekhome on the other.
Ozekhome said he received the house as a gift from ‘Mr. Tali Shani’ in 2021, while lawyers for ‘Ms. Shani’ insisted she was the rightful owner.
A witness, known as ‘Mr. Tali Shani,’ had testified in favour of Ozekhome, claiming that he had ‘Powers of Attorney’ over the property and had transferred the property to the respondent (Ozekhome).
Tali Shani asserted ownership of the property from 1993 and claimed he later appointed Useni as his property manager, describing Useni as an “elder friend and business partner.”
On the other hand, several documents, including an obituary announcement, NIN card, ECOWAS passport, phone number, etc., were tendered by witnesses of Ms. Tali Shani to claim ownership of the property.
However, the tribunal found all the documents tendered for Ms. Tali Shani to be fake and subsequently dismissed all claims, ruling that neither “Mr.” nor “Ms.” Tali Shani existed.
The court ruled that the real owner, via a false name, was Useni.
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