Nigeria Immigration Service Testifies Against Chief Mike Ozekhome Over Fake Passport Allegations

A high-profile legal battle is unfolding in Nigeria involving Chief Mike Ozekhome, SAN, and Ponfa Useni, who are facing a 12-count charge of conspiracy, forgery, and impersonation. The charges, brought by the Office of the Attorney-General of the Federation, stem from allegations that the defendants used a forged Nigerian international passport and an Irrevocable Power of Attorney to fraudulently claim ownership of a London property. Forensic evidence presented by the Economic and Financial Crimes Commission (EFCC) and testimony from the Nigeria Immigration Service (NIS) assert that the passport, bearing the fictitious name 'Tali Shani,' is indeed fake and does not meet international standards. This case highlights Nigeria's commitment to combating transnational fraud and the serious legal ramifications for individuals, including legal professionals, involved in such illicit activities.

A significant legal proceeding is currently underway at the Federal Capital Territory (FCT) High Court in Maitama, Abuja, drawing considerable attention due to the involvement of Chief Mike Ozekhome, a Senior Advocate of Nigeria (SAN). Mr. Ozekhome, alongside his co-defendant Ponfa Useni, stands accused by the Office of the Attorney-General of the Federation (AGF) of a 12-count charge encompassing conspiracy, forgery, and impersonation. The crux of the allegations revolves around the purported use of a forged Nigerian international passport and an Irrevocable Power of Attorney to assert ownership over a property located at 79, Randall Avenue, London NW2, United Kingdom.

This case has garnered widespread interest, not only because of Mr. Ozekhome's prominent status within the Nigerian legal community but also due to the transnational nature of the alleged offences. The prosecution's presentation of forensic evidence and expert testimony regarding the authenticity of the documents in question underscores the gravity of the charges and the potential implications for the integrity of Nigeria's national identity documents and international legal standing. The ongoing trial serves as a critical examination of accountability, particularly for those in positions of trust, and reinforces the nation's efforts to combat sophisticated forms of economic and identity fraud.

The central thesis of this article is to dissect the legal framework underpinning the charges against Mr. Ozekhome and Mr. Useni, analyze the evidence presented thus far, and explore the broader implications of this high-profile case for legal practitioners and the fight against transnational financial crimes in Nigeria.

The legal framework governing forgery, impersonation, and fraud in Nigeria is robust, drawing primarily from the Criminal Code Act, the Penal Code Act, the Immigration Act, and the Advance Fee Fraud and Other Fraud Related Offences Act. Forgery, as defined under Section 465 of the Criminal Code Act, involves making a false document or writing with the intent that it may be used or acted upon as genuine, to the prejudice of any person. The Penal Code Act, applicable in the Federal Capital Territory where the trial is taking place, similarly criminalises forgery, with Section 364 prescribing punishment of up to fourteen years imprisonment. Specifically, the charges against Mr. Ozekhome and Mr. Useni fall under the Penal Code Law 2009, Cap. 532, Laws of the Federal Capital Territory, Abuja, 2006, including Section 96(1) for conspiracy and Section 364 for forgery.

Furthermore, the Immigration Act 2015 explicitly criminalises the forgery or fraudulent use of a Nigerian passport, making false statements to procure a passport, and being in possession of any forged passport knowing it to be forged. Penalties for such offences can include imprisonment for up to ten years and/or a fine of up to Two Million Naira. The Passport (Miscellaneous Provisions) Act 1985 also makes it an offence to forge or traffic in passports. Beyond these, the Advance Fee Fraud and Other Fraud Related Offences Act 2006/2007 addresses obtaining property by false pretence, with Section 1(1)(a) and (b) having extraterritorial effect, covering property obtained in Nigeria or any other country. These statutes collectively form a formidable legal arsenal against the types of offences alleged in the current case, demonstrating Nigeria's legislative commitment to combating economic crimes and maintaining the integrity of its official documents.

The ongoing trial of Chief Mike Ozekhome, SAN, and Ponfa Useni before the FCT High Court centers on a 12-count amended charge that includes conspiracy, forgery, impersonation, and the use of false documents. The prosecution, led by the Office of the Attorney-General of the Federation, alleges that the defendants conspired in 2020 to produce a false Nigerian international passport, bearing the name 'Tali Shani' and purportedly issued by the Nigeria Immigration Service (NIS). This passport, along with an allegedly forged Irrevocable Power of Attorney, was then used in an attempt to claim ownership of a property located at 79, Randall Avenue, London NW2, United Kingdom.

A critical aspect of the prosecution's case has been the presentation of forensic evidence. Bamaiyi Mairiga, an official from the EFCC's Department of Forensic Examination, testified that the data page of the Nigerian international e-passport bearing the name 'Tali Shani' is a forged data page. Mr. Mairiga asserted that his report adhered to the International Civil Aviation Organisation (ICAO) standards for passport issuance, which include check-digit authentication to ensure accuracy and integrity. He concluded that the disputed passport failed these internationally recognised authentication standards. This testimony was corroborated by Aridegbe Akeem, a Principal Staff Officer to the Controller General of the NIS, who confirmed that the passport with number A07535463, bearing the name 'Tali Shani,' was not issued by the NIS and is not in their database, thus declaring it fake.

The background to these charges reveals that the London property was allegedly secretly acquired in 1993 by the late General Jeremiah Useni, Ponfa Useni's father, using the fictitious identity of 'Tali Shani.' A London property tribunal had previously investigated the dispute, finding that documents presented in support of 'Ms Tali Shani's' claim were fraudulent and ultimately ruling that neither 'Mr' nor 'Ms' Tali Shani existed. This prior finding by a UK tribunal lends significant weight to the Nigerian prosecution's current allegations of forgery and impersonation. The prosecution further alleges that Mr. Ozekhome assisted Ponfa Useni in impersonating 'Tali Shani' in 2020 and in creating the fake Irrevocable Power of Attorney to facilitate the property claim.

Mr. Ozekhome and Mr. Useni have pleaded not guilty to all charges, and the defence team, led by Tayo Oyetibo, SAN, has challenged the findings of the EFCC's forensic examination during cross-examination. The defence has suggested that the forensic report is a “product of speculation,” an assertion denied by the EFCC witness who maintained adherence to ICAO standards. The Legal Practitioners' Privileges Committee (LPPC) has also taken action, suspending Mr. Ozekhome's rank as Senior Advocate of Nigeria pending the conclusion of disciplinary proceedings, underscoring the seriousness with which the legal profession views these allegations. This disciplinary action highlights the ethical obligations of legal practitioners and the potential consequences of alleged involvement in criminal activities, particularly those undermining the integrity of legal processes.

The ongoing trial of Chief Mike Ozekhome, SAN, and Ponfa Useni represents a critical juncture in Nigeria's fight against sophisticated financial and identity fraud, particularly those with international dimensions. The detailed forensic and immigration testimonies presented by the prosecution underscore the rigorous standards applied in authenticating official documents and the severe consequences for their falsification. For legal practitioners, this case serves as a stark reminder of the ethical duties and professional responsibilities that accompany the privilege of practicing law, especially for those holding the esteemed rank of Senior Advocate of Nigeria.

Practitioners should closely monitor the outcome of this trial, as it will likely set precedents regarding the prosecution of transnational fraud and the accountability of legal professionals implicated in such schemes. The suspension of Mr. Ozekhome's SAN rank by the LPPC further signals a zero-tolerance approach to professional misconduct. This case reinforces the imperative for due diligence in all transactions, particularly those involving international assets and identity documents, and highlights the increasing collaboration between national and international agencies in combating global financial crimes. The final judgment will undoubtedly shape future legal interpretations and enforcement strategies in Nigeria's anti-corruption landscape.