AGF Withdraws ICPC Case Against Ozekhome
In a significant legal development, the Office of the Attorney General of the Federation (OAGF) has withdrawn the criminal case instituted against prominent legal practitioner, Prof. Mike Ozekhome SAN, by the Independent Corrupt Practices and Other Related Offences Commission (ICPC). The move underscores the constitutional oversight powers of the Attorney General in criminal proceedings.
The announcement was made on Tuesday before a High Court of the Federal Capital Territory (FCT) sitting in Maitama. The Director of Public Prosecution of the Federation (DPPF), Rotimi Oyedepo, informed the court that the Attorney General of the Federation had exercised his constitutional authority to take over and withdraw the case in order to conduct a comprehensive review and determine the most appropriate course of action.
According to Oyedepo, the decision to assume control of the matter was guided by considerations of public interest and the need to ensure the highest standards of diligence, effectiveness, efficiency, and due process in criminal prosecution. He further explained that inter-agency cooperation in the ongoing fight against corruption also informed the Attorney General’s intervention.
The development follows an earlier notice given to the court on January 29, in which the DPPF disclosed the Attorney General’s intention to take over the prosecution from the ICPC pursuant to Section 174 of the 1999 Constitution (as amended). The constitutional provision empowers the Attorney General of the Federation to institute, take over, or discontinue criminal proceedings in the public interest.
Upon the oral application for withdrawal, an application that was not opposed by the defence team led by Paul Erokoro, Justice Peter Kekemeke struck out the three-count charge bordering on alleged forgery and related offences filed against Ozekhome. The striking out of the charges effectively removes the matter from the court’s docket, pending any further action that may arise after the Attorney General’s review.
In addressing the court, Oyedepo assured that the rights of the defendant would be fully respected throughout the review process and emphasized that no party would suffer injustice as a result of the decision. The assurance appeared to underscore the government’s stated commitment to fairness and procedural propriety in handling high-profile prosecutions.
With the case now withdrawn, the OAGF is expected to retrieve the case file from the ICPC for detailed examination. Legal observers note that the review could result in a range of outcomes, including, modification of counts, or discontinuance of the matter altogether, depending on the findings of the review.
The withdrawal highlights once again the central role of the Attorney General in Nigeria’s criminal justice system, particularly in cases with broader public and institutional implications. For now, the matter rests with the OAGF as it undertakes its promised holistic reassessment of the case.
