Alex Enumah in Abuja
Justice Chizoba Oji of a High Court of the Federal Capital Territory (FCT), Maitama, on Friday granted bail in the sum of N10 million each to Senior Advocate of Nigeria (SAN), Mike Ozekhome and his co-defendant, Ponfa Useni, standing trial on alleged forgery.
Justice Oji admitted them to bail while delivering ruling in their bail applications argued by their respective lawyers.
The office of the Attorney General of the Federation (OAGF), had on Friday arraigned the defendants on a 12-count criminal charge bordering on alleged forgery of documents, including an international passport and an irrevocable power of attorney to lay claim to a property in London, allegedly procured unlawfully by the late General Jeremiah Useni.
They pleaded not guilty and their lawyers; Tayo Oyetibo, SAN, and F. R. Onoja (SAN), subsequently moved their bail applications.
Since, the prosecution led by Rotimi Oyedepo, SAN, did not oppose the request, the judge accordingly granted the request.
As part of the conditions for bail, Justice Oji, ordered the defendants to provide one surety each, who must own landed property in the FCT, adding that defendants must deposit their international passports with the court.
Taking into consideration the fact that the proceedings took place on Friday, Justice Oji held that the defendants can go to their houses should they be unable to meet the bail conditions, but must return on Monday to do so, failing which they would be sent to prison.
Recall that the federal government had on Tuesday filed fresh forgery charge against the senior lawyer, Ponfa Useni (aka Tali Shani) and a former minister in the military era, General Jeremiah Useni (now deceased).
The 12 count charge was filed barely few hours the earlier one filed by the Independent Corrupt Practices and other related offences Commission (ICPC), last month was withdrawn.
In the new charge filed by the Director of Public Prosecutions of the Federation, Mr Rotimi Oyedepo, SAN, the defendants were specifically accused of forging a Nigerian international passport with which they allegedly claimed ownership of a London property.
In counts one to five the defendants were alleged to have, “agreed amongst yourselves to cause to be done an illegal act, to wit: making 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, 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”.
According to the counts they were said to have made a false Nigerian International Passport No. A07535463; conspired amongst themselves to use as genuine a false Nigerian International Passport No. A07535463; dishonestly used as genuine a false Nigerian International Passport No. A07535463 with the name Tali Shani.
Meanwhile, in count five, Ponfa Useni (aka Tali Shani), was said to have “on or about May 30, 2020 in Abuja …. 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”.
In count six, Ozekhome, was accused of abetting “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 May 30, 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.
While Ponfa Useni was in count seven alleged to have cheated by personation when he pretended to be one Tali Shani, a fictitious person, the senior lawyer was in count eight accused of abetting cheating by personation when he jointly executed an irrevocable power of Attorney dated May 30, 2020 with one Tali Shani, a fictitious person to facilitate their claim of the disputed London property.
In counts nine, the federal government claimed that the senior lawyer sometime in 2022 had under his control a property at No. 79 Randall Avenue, London NW2, United Kingdom which property is reasonably suspected to have been unlawfully obtained by General Jeremiah Useni (now deceased) with a fictious name Tali Shani.
He was also accused in count 10 of having under his control the sum of Eighteen Thousand Pounds Sterling being part of the rent accrued from the property at No. 79 Randall Avenue, London NW2, United Kingdom which property is reasonably suspected to have been unlawfully obtained by General Jeremiah Useni (now deceased) with a fictious name Tali Shani.
In count 11, the defendants were said to have sometimes in 2023, “agreed amongst yourselves to cause to be done an illegal act, to wit: making a false document titled: RE: REQUEST FOR AUTHENTICATION OF NIGERIAN PASSPORT NO. A07535463 BELONGING TO MR. TALI SHANI dated May 4, 2023 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”.
