By Amah
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The Federal Government has formally terminated the criminal prosecution of renowned constitutional lawyer, Mike Ozekhome, SAN, after the Attorney-General of the Federation (AGF), Lateef Fagbemi, SAN, exercised his statutory powers to withdraw the charge.
The case, filed by the Independent Corrupt Practices and Other Related Offences Commission (ICPC), had accused the senior lawyer of forgery in a case that was pending before a Federal High Court under the title F.R.N. v. Chief Mike Ozekhome, SAN.
On Tuesday, however, the prosecution took a decisive turn. Acting through the Director of Public Prosecutions of the Federation, the AGF applied to discontinue the proceedings pursuant to Section 108 of the Administration of Criminal Justice Act (ACJA), which empowers the Attorney-General to withdraw criminal charges at any stage before judgment.
The court, upon receiving the application, struck out the case and discharged Ozekhome, effectively bringing the matter to a close.
The ICPC had initiated the prosecution as part of its anti-corruption mandate, alleging irregularities linked to documents said to have been improperly executed. While the Commission maintained that it acted within its investigative and prosecutorial authority, the case quickly became a subject of legal and public debate.
Ozekhome, a vocal advocate on constitutional and governance issues, consistently denied any wrongdoing. His supporters described the prosecution as unfounded and an overreach, arguing that the allegations were weak and unlikely to survive rigorous judicial scrutiny.
The decision by the AGF to discontinue the matter has, therefore, been interpreted by some legal observers as an implicit acknowledgment that the case might not have met the threshold required for sustained prosecution.
Under Nigerian law, the Attorney-General possesses broad constitutional and statutory powers to institute, take over, or discontinue criminal proceedings in the public interest. While this authority is well established, its exercise in high-profile matters often attracts public attention and raises questions about prosecutorial discretion.
With the withdrawal, Ozekhome walks free without a conviction, and the legal proceedings have been formally concluded. For the ICPC, the development represents a rare retreat in a case, involving a prominent member of the Bar. For the broader justice system, it underscores once again the decisive influence of the AGF in shaping the course of criminal prosecutions in Nigeria.
