AGF Invokes Section 174, Takes Over Ozekhome’s Alleged Forgery Prosecution

ABUJA, NIGERIA - The Attorney-General of the Federation (AGF) and Minister of Justice, Mr Lateef Fagbemi, SAN, has taken over the prosecution of prominent constitutional lawyer and human rights activist, Prof. Mike Ozekhome, SAN, over alleged fraud and forgery linked to a disputed property in the United Kingdom.


The takeover stalled proceedings on Monday at the Federal Capital Territory (FCT) High Court, Abuja, where Ozekhome was scheduled to be arraigned on charges filed by the Independent Corrupt Practices and Other Related Offences Commission (ICPC).


At the resumed hearing, the Director of Public Prosecutions of the Federation (DPPF), Mr Rotimi Oyedepo, SAN, announced his appearance on behalf of the Attorney-General and informed the court that the Office of the Attorney-General of the Federation (OAGF) had assumed control of the case pursuant to Section 174 of the 1999 Constitution (as amended).


Oyedepo told Justice Peter Kekemeke that the constitutional provision empowers the Attorney-General to institute, take over, and continue criminal proceedings in the public interest. 


He explained that the decision to take over the matter from the ICPC was to enable the OAGF to collaborate with the anti-graft agency in reviewing the case file to ensure strict compliance with due process and the highest standards of prosecutorial diligence.


According to him, the intervention was guided solely by public interest and the need to strengthen confidence in the criminal justice system. 


He added that it was the constitutional responsibility of the Attorney-General to ensure that prosecutions carried out in the name of the Federal Republic of Nigeria are conducted with fairness, competence, and legal robustness.


Oyedepo assured the court that the rights of the defendant would be fully protected, stressing that no party would suffer any prejudice as a result of the takeover. 


He further noted that the move formed part of inter-agency cooperation and prosecutorial oversight aimed at enhancing the fight against corruption and related offences.


He subsequently urged the court to take judicial notice of the takeover and sought an adjournment to allow the OAGF retrieve the case file from the ICPC, review it comprehensively, and determine the appropriate next line of action.


Earlier, Dr Osuebeni Akpomesingha Akpos, Head of the High-Profile Prosecution Department of the ICPC, announced his appearance for the prosecution, while former Attorney-General of the Federation and Minister of Justice, Chief Kanu Agabi, SAN, led a formidable team of 15 Senior Advocates of Nigeria in defence of Ozekhome, who is the sole defendant in the case.


Counsel to the ICPC did not oppose the takeover, assuring the court of the Commission’s full cooperation, and noting that the ICPC conducted the investigation that led to the filing of the charges.


By agreement of all parties, Justice Kekemeke adjourned the matter to February 24, 2026, for arraignment.


Ozekhome is standing trial in a charge marked FCT/HC/CR/010/2026, filed on January 16, 2026, in the name of the Federal Republic of Nigeria. 


The ICPC alleged that the senior lawyer knowingly presented forged documents, including a Nigerian international passport, to support a claim of ownership of a property located at 79 Randall Avenue, London NW2 7SX, during proceedings before the London First-Tier Tribunal.


The Commission further alleged that Ozekhome gave false information, used forged documents, and attempted to deceive a public authority in the course of the proceedings.


According to the prosecution, the alleged offences were committed in August 2021, partly in London and partly in the Maitama area of Abuja, within the jurisdiction of the FCT High Court.


One of the counts alleged that Ozekhome directly received the London property, purportedly from one Mr Shani Tali, knowing that the transaction constituted a felony, contrary to Sections 13 and 24 of the Corrupt Practices and Other Related Offences Act, 2000.


Another count accused the SAN of making a false Nigerian international passport in the name of Mr Shani Tali with the intent to use it to bolster the ownership claim over the property, contrary to Sections 363 and 364 of the Penal Code Laws of the FCT, 2006.


He is also alleged to have dishonestly used the said passport as genuine, knowing it to be false, in furtherance of the alleged fraud.


As of the time of filing this report, Ozekhome has yet to take his plea.


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