Forensic witness says disputed passport failed ICAO checks on passport number, date of birth and expiry date; defence challenges aspects of the prosecution’s analysis
By A1NEWS International
ABUJA — September 29, 2026
A prosecution witness in the ongoing trial of constitutional lawyer Professor Mike Ozekhome, SAN, and Ponfa Useni, son of late military-era Federal Capital Territory Minister General Jeremiah Useni, has told the High Court of the Federal Capital Territory that the Nigerian Immigration Service (NIS) cannot lawfully issue a Nigerian international passport that fails standards established by the International Civil Aviation Organisation (ICAO).
The witness, Bamaiyi Haruna Mairiga, who testified as the second prosecution witness (PW2), made the assertion during cross-examination at the FCT High Court sitting in Maitama, Abuja.
Ozekhome and Useni are facing a 12-count charge brought by the Office of the Attorney-General of the Federation (OAGF), involving allegations of forgery and impersonation.
Both defendants pleaded not guilty to the charges.
Prosecution’s Case Centres on Disputed Passport
According to the prosecution, Ozekhome and Useni allegedly conspired in 2020 to make a purported Nigerian international passport bearing passport number A07535463 in the name of Shani Tali.
The prosecution alleges that the document was purportedly presented as having been issued by the Nigerian Immigration Service and was connected to an attempt to establish a claim over property in the United Kingdom.
The defendants are also accused of using the disputed passport to facilitate the alleged property claim.
The allegations remain before the court, while the defendants have denied criminal liability by pleading not guilty.
Witness Says Data Page Was Forged
During cross-examination by counsel to Useni, F.R. Onoja, SAN, Mairiga maintained the distinction he previously made between a forged document and a counterfeit document during his evidence-in-chief on June 29.
He told the court that his forensic conclusion was that the data page of passport A07535463 had been forged to bear the name Shani Tali.
Mairiga explained that his conclusion was based on what he described as discrepancies identified through ICAO standards for comparing information contained in the passport’s visual inspection zone and machine-readable zone.
He identified three key data points used in the examination: the passport number, the holder’s date of birth and the passport’s expiry date.
According to the witness, the disputed passport number, the stated date of birth of February 2, 1973, and the expiry date of July 1, 2026, all failed the ICAO optical character recognition test.
He consequently concluded that the passport had been forged to reflect Shani Tali as its holder.
‘NIS Cannot Issue Document That Fails ICAO Standard’
Mairiga told the court that the Nigerian Immigration Service could not issue an international passport that failed the applicable ICAO requirements.
He further explained that the Nigerian passport is a machine-readable document and that its data page contains information that can be electronically captured and compared.
The witness said the relevant information includes the issuing country, sex, surname, given names and nationality of the passport holder.
However, he identified the passport number, date of birth and expiry date as particularly important in detecting possible substitution or alteration of passport data.
Witness Explains Forensic Examination
Earlier, while being cross-examined by Ozekhome’s lead counsel, Tayo Oyetibo, SAN, Mairiga said he had been specifically asked to conduct forensic analysis of the disputed passport to determine whether information in the visual zone corresponded with information contained in the machine-readable zone.
He said the forensic examination focused on the relevant identifying information contained in both zones.
The witness maintained that the disputed details failed the ICAO test.
He also explained how an ICAO e-passport document reader captures information from a passport data page and displays information relating to the issuing country and identity of the holder.
According to him, the system can be used to examine the consistency of passport data and identify discrepancies that may indicate alteration or substitution.
A-Series Passports and NIN
Mairiga also provided evidence concerning the earlier A-series Nigerian e-passports.
He told the court that the A-series passports, at the time they were introduced, did not contain the National Identification Number (NIN).
According to the witness, when such passports were checked using the ICAO passport document checker with the passport number or relevant identifying information, the system would ordinarily return a “pass” where the document satisfied the required checks.
He further explained that the introduction and evolution of Nigeria’s passport systems should be considered when examining the technical characteristics of older passport documents.
Forensic Report Did Not Reference NIS Verification Portal
A notable aspect of the cross-examination concerned the Nigerian Immigration Service’s own e-passport verification system.
Mairiga acknowledged that, during his forensic analysis, he consulted the NIS E-passport Verification System portal, which he described as a platform designed to verify the authenticity of Nigerian passports.
However, he admitted that the result of that consultation was not referenced in his forensic report, which had already been tendered before the court and admitted as Exhibit P7a.
Asked about the omission, the witness maintained that his analysis relied on ICAO standards.
He told the court that ICAO standards applied across its member states and argued that the international standards were the basis for his conclusion.
Defence Tests Prosecution’s Technical Evidence
The cross-examination by the defence focused on the methodology used by the prosecution witness and the basis for his conclusion that the disputed passport data page had been forged.
The defence also questioned the distinction between a counterfeit passport and a passport containing forged or altered entries.
Mairiga maintained the distinction he had earlier made in his evidence and stood by his forensic conclusion concerning the disputed document.
The competing positions place the technical examination of the passport and the reliability and interpretation of the relevant verification systems among the evidentiary issues being tested in the trial.
Court Adjourns Hearing
Following the completion of cross-examination by defence counsel, the court adjourned further hearing in the matter to Tuesday, September 29, 2026.
The continuation is expected to provide the prosecution and defence with further opportunity to present and challenge evidence in the 12-count case.
At this stage, the allegations against Ozekhome and Useni remain allegations before the court. The defendants have pleaded not guilty, and the court has yet to determine their guilt or innocence.
The testimony of PW2 has placed the technical standards governing Nigerian international passports at the centre of the ongoing trial.
While the prosecution witness maintains that the disputed passport data page failed ICAO checks and was forged to bear the name Shani Tali, the defence has subjected the forensic methodology and verification process to detailed cross-examination.
The witness’s admission that the result obtained from the NIS e-passport verification portal was not included in his forensic report is also part of the evidence now before the court.
The court will ultimately determine the evidentiary weight of the competing arguments and documents as the trial progresses.
A1NEWS International will continue to follow the proceedings and report developments from the court.
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