FCT High Court queries prosecution’s failure to comply with bail order, adjourns ruling on medical travel application until Thursday.
By A1NEWS International
Abuja, Nigeria | June 30, 2026
Court Questions Compliance with Bail Order in High-Profile Forgery Trial
The Federal Capital Territory (FCT) High Court sitting in Maitama, Abuja, has directed the Office of the Attorney-General of the Federation (AGF) to produce the international passports of lawyer Mike Ozekhome and his co-defendant, Ponfa Useni, at the next sitting after discovering that the travel documents had not been deposited with the court despite an earlier bail order.
Justice Chizoba Oji, who presided over proceedings on Tuesday, ordered the prosecution to ensure the passports are produced before the court on Thursday, when it is expected to rule on Ozekhome’s application seeking the temporary release of his passport to enable him travel to the United Kingdom for medical treatment.
The development has raised questions about compliance with court orders in criminal proceedings, particularly regarding the custody of exhibits and documents subject to judicial directives.
Medical Trip Request Sparks Fresh Court Inquiry
The issue arose after counsel to the first defendant, Ferdinand Orbih, SAN, informed the court that he had filed an application seeking the temporary release of Ozekhome’s international passport.
According to the defence, the senior lawyer requires urgent medical attention in the United Kingdom based on recommendations contained in a letter from his medical doctor.
Orbih told the court that the proposed medical trip would last approximately six weeks, assuring the court that his client would return the passport within three days after arriving back in Nigeria.
The defence maintained that the request was purely for medical purposes and would not interfere with the ongoing criminal proceedings.
Prosecution Raises No Objection
In a development that reduced the likelihood of prolonged arguments over the application, prosecuting counsel, Mrs. Aisha Tahir, did not oppose the request.
Instead, she urged the court to make appropriate orders that would guarantee the defendant’s attendance whenever required during the pendency of the trial.
Her position suggested that the prosecution’s principal concern was ensuring the continuation of the proceedings rather than resisting the temporary release of the travel document.
Court Discovers Passports Were Never Deposited
Proceedings took an unexpected turn when Justice Oji sought confirmation from the court registrar regarding the passports.
The registrar reportedly informed the court that neither Ozekhome’s nor Useni’s international passport had been deposited with the registry, contrary to the bail conditions imposed earlier in the case.
The revelation prompted the judge to question the prosecution’s compliance with the court’s previous directive.
When asked to explain the situation, the prosecution informed the court that the passports remained in the custody of the Economic and Financial Crimes Commission (EFCC).
Justice Oji immediately directed the prosecution to retrieve the passports from the anti-graft agency within one hour and deposit them before the court.
EFCC Unable to Produce Passports
Following the court’s directive, proceedings were temporarily stood down to enable the prosecution comply.
However, after approximately two and a half hours, the prosecution returned without the passports.
Mrs. Tahir informed the court that the investigating officer handling the matter could not be reached, making it impossible to retrieve the travel documents within the time allowed.
She consequently applied for an adjournment to enable the prosecution obtain and produce the passports.
The defence did not oppose the request.
Justice Oji subsequently adjourned proceedings until Thursday, directing that the passports must be produced before the court, after which a ruling would be delivered on Ozekhome’s application.
Background to the Criminal Charges
The Office of the Attorney-General of the Federation arraigned Mike Ozekhome and Ponfa Useni on February 27, 2026, on a 12-count charge bordering on alleged forgery, impersonation and related offences.
Ponfa Useni is the son of the late Lt. Gen. Jeremiah Useni, who served as Minister of the Federal Capital Territory during the military administration of the late General Sani Abacha.
According to the prosecution, the defendants allegedly conspired in 2020 to create a false Nigerian international passport bearing the name Tali Shani, purportedly issued by the Nigeria Immigration Service.
The prosecution alleges that the passport was intended to facilitate a claim over a property located in the United Kingdom.
Forgery and Impersonation Allegations
The prosecution further alleges that the defendants used the purportedly false passport in connection with the ownership claim over the UK property.
In addition, prosecutors accuse Ozekhome of assisting Ponfa Useni to impersonate an individual identified as Tali Shani during the transaction.
The prosecution also alleges that the defendants prepared a forged Irrevocable Power of Attorney, which was allegedly intended to facilitate the transfer or recovery of the disputed property.
Both defendants have pleaded not guilty to all twelve counts and continue to deny any wrongdoing.
The case remains before the FCT High Court, where the prosecution is expected to present evidence in support of its allegations.
Legal Questions Raised
Although Tuesday’s proceedings focused on the medical travel application, legal analysts say the incident has highlighted broader procedural questions.
The discovery that the passports were allegedly still in EFCC custody despite an existing court order directing their deposit with the court raises issues regarding compliance with judicial directives and the administration of bail conditions.
Legal practitioners note that where courts impose conditions requiring the surrender of travel documents, strict adherence is essential to preserve judicial authority and avoid procedural complications.
Next Hearing
When proceedings resume on Thursday, the prosecution is expected to produce the passports before the court in compliance with Justice Oji’s directive.
The court will then determine whether Ozekhome should be granted temporary access to his international passport for medical treatment abroad while his criminal trial continues.
The ruling could also clarify the responsibilities of prosecuting agencies in implementing court-ordered bail conditions involving documents held by investigative authorities.
Tuesday’s proceedings in the alleged forgery and impersonation trial of Mike Ozekhome and Ponfa Useni shifted attention from the substantive charges to questions surrounding compliance with court orders.
While the court has yet to determine Ozekhome’s request to travel abroad for medical treatment, its insistence that the passports first be produced underscores the judiciary’s emphasis on procedural compliance and accountability.
The next hearing is expected to determine not only the fate of the medical travel application but also whether the prosecution can satisfactorily explain the apparent failure to comply with the court’s earlier bail directive.
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