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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 federal government filed a 12-count charge against Ozekhome at the Federal Capital Territory (FCT) high court, Abuja, on Tuesday.
The second defendant in the case is Ponfa Useni, the son of the late Jeremiah Useni, former FCT minister.
In the charge sheet, Ponfa was identified with the alias “Tali Shani.
Earlier, the FCT high court struck out charges filed by the Independent Corrupt Practices and Other Related Offences Commission (ICPC) against Ozekhome on the same issue after the attorney-general of the federation (AGF) and minister of justice withdrew the charges.
On January 16, the ICPC filed a three-count charge bordering on forgery allegations, against Ozekhome.
The office of the AGF had taken over the case on January 26.
Rotimi Oyedepo, counsel to the AGF, had on the last adjourned date, said the case will be prosecuted with “the highest standard of efficiency, effectiveness, diligence and compliance with due process of law”.
THE NEW CASE
In the charge sheet, the federal government said between May 2020 and 2021, Ozekhome, Ponfa, and the late Useni 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 with the intent of using the same to support your claim of a property, lying, being and situate at No. 79 Randall Avenue, London NW2, United Kingdom.”.
The federal government said the offence contravened the Penal Code Law 2009.
“That you, Chief Mike Agbedor Abu Ozekhome, SAN, Male, Adult of 55 Nile Street, Maitama, Abuja, Ponfa Useni (aka Tali Shani), Male, Adult of 12 Dagash M. Street, Kado Estate, Phase 1, Abuja, and General Jeremiah Useni (now deceased), sometime in 2022 in Abuja within the jurisdiction of this honourable court, conspired amongst yourselves to use as genuine a false Nigerian International Passport No. A07535463 with the name Tali Shani to facilitate your claim to a property located at No. 79 Randall Avenue, London NW2, United Kingdom, and you thereby committed an offence contrary to section 96 of the Penal Code Law 2009 and punishable under section 364 of the same Law,” part of the charge sheet reads.
“That you, Chief Mike Agbedor Abu Ozekhome, SAN, Male, Adult of 55 Nile Street, Maitama, Abuja, Ponfa Useni (aka Tali Shani), Male, Adult of 12 Dagash M. Street, Kado Estate, Phase 1, Abuja, and General Jeremiah Useni (now deceased), sometimes between 2023 and 2025 in Abuja within the jurisdiction of this honourable court, dishonestly used as genuine a false Nigerian International Passport No. A07535463 with the name Tali Shani, and you thereby committed an offence of forgery contrary to Section 366 of the Penal Code Law 2009 and punishable under Section 364 of the same Law.
“That you Ponfa Useni (aka Tali Shani), Male, Adult of 12 Dagash M. Street, Kado Estate, Phase 1, Abuja on or about the 30th day of May,2020 in Abuja within the jurisdiction of this honourable court falsely personated Tani Shani, a fictitious person and with such assumed character made a Power of Attorney wherein you held yourself out as Tali Shani and you thereby committed an offence contrary to section 179 of the Penal Code Law 2009 and punishable under the same section of the same Law.
“That you, Chief Mike Agbedor Abu Ozekhome, SAN, Male, Adult of 55 Nile Street, Maitama, Abuja, sometime in 2020 in Abuja within the jurisdiction of this honourable court, abetted the commission of an offence to wit: personation of one Tali Shani by Ponfa Useni who with such assumed false character made and executed with you as a party, an Irrevocable Power of Attorney dated the 30th day of May, 2020 to facilitate your claim of a property lying, being and situate at No. 79 Randall Avenue, London NW2, United Kingdom and you thereby committed an offence contrary to sections 83, 84 of the Penal Code Law, 2009 and punishable under section 179 of the same Law.
“That you Ponfa Useni (aka Tali Shani), Male, Adult of 12 Dagash M. Street, Kado Estate, Phase 1, Abuja on or about the 30th day of May,2020 in Abuja within the jurisdiction of this honourable court cheated by personation when you pretended to be one Tali Shani, a fictitious person and with such assumed character executed an Irrevocable Power of Attorney dated the 30th day of May,2020 with Chief Mike. A.A Ozekhome, and you thereby committed an offence contrary to section 321 of the Penal Code Law 2009 and punishable under section 322 of the same section of the same Law.”
BACKGROUND
The controversy involves a property located at 79 Randall Avenue, London NW2 7SX.
Named in the property dispute are Ozekhome and Useni, a retired lieutenant-general who is now deceased.
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).
Mr 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.
The tribunal 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.
