The Federal Government has filed a fresh 12-count criminal charge against Senior Advocate of Nigeria, Mike Ozekhome, and Ponfa Useni, also known as Tali Shani, over alleged conspiracy, forgery, personation and unlawful control of a property in the United Kingdom.
The charge was filed before the High Court of the Federal Capital Territory (FCT), Abuja, by the Federal Ministry of Justice on behalf of the Federal Government.
According to court documents made available on Tuesday, the defendants are accused of forging a Nigerian passport and other documents to support a claim to a property located at No. 79 Randall Avenue, London NW2.
The late former military officer and politician, Jeremiah Useni, was named in several counts as a co-conspirator in the alleged offences.
In the charge, the prosecution alleged that in 2020, the defendants conspired in Abuja to procure a false Nigerian passport with number A07535463 in the name “Tali Shani.” The passport was said to have been presented as if it was issued by the Nigeria Immigration Service.
The government claimed that the document was intended to support a claim to ownership and control of the London property.
In counts one and two, the prosecution alleged that the defendants agreed to commit an illegal act by forging the passport and later making the false document between May 30, 2020 and 2021. The offences were said to be contrary to Sections 96 and 363 of the Penal Code Law 2009 and punishable under Section 364.
Count three accused them of conspiring in 2022 to use the alleged forged passport as genuine in order to facilitate their claim to the property. Count four further alleged that between 2023 and 2025, they dishonestly used the passport as if it were genuine.
Counts five and seven of the charge specifically accused the late Useni of false personation and cheating by personation.
According to the prosecution, on or about May 30, 2020, Useni falsely presented himself as “Tali Shani,” described in the charge as a fictitious person. He was alleged to have executed an irrevocable Power of Attorney in that name in connection with the property claim.
The prosecution claimed that the Power of Attorney was used to support the attempt to gain control of the property in London.
In counts six and eight, Ozekhome was accused of abetting the alleged offences of impersonation and cheating by personation. The government alleged that he jointly executed the irrevocable Power of Attorney dated May 30, 2020, with the alleged fictitious person to facilitate the property claim.
In count nine, the prosecution alleged that Ozekhome had under his control the property at 79 Randall Avenue, London, in 2022. Investigators claimed they reasonably suspected that the property had been unlawfully obtained by the late Useni using the alleged fictitious identity.
Count 10 further alleged that Ozekhome had under his control the sum of £18,000, said to be part of rent accrued from the London property. The prosecution claimed that the rent money was reasonably suspected to have been unlawfully obtained.
In counts 11 and 12, the Federal Government accused the defendants of conspiring in 2023 to forge another document titled: “Re: Request for Authentication of Nigerian Passport No. A07535463 Belonging to Mr Tali Shani,” dated May 4, 2023.
The prosecution alleged that the document was falsely presented as having been issued by the Nigeria Immigration Service to further support their claim to the property.
The offences listed in the charge were said to contravene various provisions of the Penal Code Law 2009, including Sections 83, 84, 96, 179, 319A, 321, 322, 363, 364 and 366.
The charge was signed by the Director of Public Prosecutions of the Federation, Oyedepo Iseoluwa Rotimi, SAN, and A.R. Tahir, Chief State Counsel, on behalf of the Attorney-General of the Federation and Minister of Justice.
Under Nigerian law, the Attorney-General of the Federation has the power to institute and undertake criminal proceedings on behalf of the Federal Government.
In an affidavit attached to the charge, a litigation officer in the Federal Ministry of Justice stated that investigations into the matter had been substantially completed and that a prima facie case had been established against the defendants.
A prima facie case means that the prosecution believes there is enough evidence to proceed to trial.
The case centres on ownership and control of the London property. While details of how the dispute first arose were not fully outlined in the charge, the allegations focus on the use of identity documents and legal instruments to assert control over the property.
Property disputes involving Nigerian citizens and assets abroad are not uncommon. However, cases involving allegations of forged passports and impersonation are rare and often attract public attention, especially when senior lawyers and public figures are involved.
Mike Ozekhome is a well-known Senior Advocate of Nigeria with decades of experience in constitutional and human rights law. Over the years, he has handled several high-profile cases and frequently speaks on national legal issues.
The inclusion of the late General Jeremiah Useni in the charge adds another dimension to the case. Useni was a former military officer and politician who served in different capacities during Nigeria’s military era and later as a senator in the Fourth Republic.
The FCT High Court is expected to fix a date for the arraignment of the defendants. At the arraignment, the charges will be read to them, and they will be asked to enter their pleas.
Under Nigerian law, every accused person is presumed innocent until proven guilty by a court of law.
For now, attention will shift to the courtroom, where the prosecution will be required to present evidence to support the allegations.