Mike Ozekhome: AGF Invokes Section 174 to Review ICPC Charges
The Federal Capital Territory High Court in Abuja on Monday granted the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), approval to review the criminal charges filed by the Independent Corrupt Practices and Other Related Offences Commission against senior constitutional lawyer, Mike Ozekhome (SAN), effectively putting the prosecution on hold.
Justice Peter Kekemeke approved the request after the Director of Public Prosecution of the Federation, Mr Rotimi Oyedepo (SAN), announced that the Attorney-General had taken over the case from the ICPC pursuant to Section 174 of the 1999 Constitution. The court consequently shifted Ozekhome’s arraignment, which had been scheduled for Monday, to February 24, 2026, to enable the office of the Attorney-General to study the case file.
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Section 174 of the Constitution empowers the Attorney-General to institute, take over, continue or discontinue criminal proceedings against any person before any court of law in Nigeria, excluding courts-martial. Over the years, the provision has been invoked in cases where the federal government considers it necessary to ensure consistency in prosecutions, safeguard public interest, or address concerns relating to due process.
Addressing the court, Oyedepo said the decision to assume control of the prosecution was informed by “public interest and the need to ensure effectiveness, diligence, fairness and strict compliance with due process.” He assured the court that the constitutional rights of the defendant would be fully protected throughout the review process.
Counsel to the ICPC, Dr Osuebeni Akpos, did not oppose the takeover, stating that the anti-corruption agency would cooperate fully with the Attorney-General’s office. The court also noted the presence of a high-powered defence team led by a former Attorney-General of the Federation, Kanu Agabi (SAN), alongside 15 other Senior Advocates of Nigeria.
Following submissions from counsel, Justice Kekemeke adjourned the matter to February 24, 2026, for arraignment, pending the outcome of the Attorney-General’s review.
The charges against Ozekhome stem from a three-count criminal information filed by the ICPC at the FCT High Court. Prosecutors accused the senior lawyer of alleged fraud, forgery and the use of false documents in connection with a disputed property located at 79 Randall Avenue, London NW2 7SX.
According to the prosecution, Ozekhome allegedly received the property, which he claimed was gifted to him, and subsequently relied on what investigators described as a forged Nigerian passport to support that claim. The ICPC argued that the alleged acts contravened provisions of the Corrupt Practices and Other Related Offences Act as well as sections of the FCT Penal Code.
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The case originated from a petition submitted to the ICPC by Mr Olanrewaju Suraj, head of the Human and Environmental Development Agenda, a civil society organisation. The petition reportedly drew the commission’s attention to findings in a judgment delivered by a British court, which accused Ozekhome and others of conspiring with corrupt Nigerian officials to procure fake national identity documents in order to “fraudulently claim ownership” of a property in North London.
The allegations have remained the subject of legal contention, with Ozekhome consistently maintaining his innocence in public statements reported in the media. The intervention of the Attorney-General now places the matter within the broader constitutional framework governing federal prosecutions, a development that underscores the central role of the justice ministry in coordinating high-profile criminal cases involving federal agencies.
As proceedings resume later in February, the court is expected to be guided by the outcome of the Attorney-General’s review, which will determine whether the charges will be sustained, amended or otherwise dealt with in accordance with the law.