The defence team of Senior Advocate of Nigeria (SAN) Mike Ozekhome on Monday rigorously cross-examined a forensic expert presented by the Economic and Financial Crimes Commission (EFCC) as a prosecution witness in the forgery and impersonation case against Ozekhome and his co-defendant, Ponfa Useni. The cross-examination took place at the FCT High Court in Maitama, Abuja, where the witness, Bamaiyi Mairiga, an official from the EFCC's Department of Forensic Examination, was questioned on the technical procedures and general principles of his forensic investigation into the forgery allegations.
Forensic report challenged by defence
Defence lawyer Tayo Oyetibo, SAN, challenged Mairiga's findings, asserting that another forensic expert had concluded that Mairiga's report was a “product of speculation.” Mairiga, however, denied this allegation, stating that his report adhered to the International Civil Aviation Organisation (ICAO) standard for passport issuance. “No. My report followed the International Civil Aviation Organisation (ICAO) standard for passport issuance among several standards. ICAO has set one of its standards for the authentication of check-digits to ensure accuracy and integrity in international passports, and this standard applies to all ICAO-issued member countries, including Nigeria. And if a data-page (for passports) fails such check-digit checks as specified by ICAO, then that data-page is not fit for issuance,” Mairiga explained.
Background of the case
Mairiga is the second prosecution witness in the case, which involves charges preferred by the office of the Attorney-General of the Federation (AGF) against Ozekhome and Useni. The charges stem from a London tribunal's judgment that blocked Ozekhome from claiming a property in North London in September 2025. The property was allegedly owned by the late Jeremiah Useni, a former Minister of the Federal Capital Territory (FCT) under the regime of late military dictator Sani Abacha, who died in January 2025. The late Useni purportedly owned the property under the fictitious name Tali Shani, and an attempt to transfer ownership to Ozekhome led to the presentation of documents that the London tribunal found to be forged.
On 27 February, the AGF's office arraigned Ozekhome and Ponfa Useni on 12 counts of forgery and impersonation. According to the charges, the defendants conspired in 2020 alongside the late Jeremiah Useni to make a false Nigerian passport with number A07535463 and name Tali Shani, claiming it was issued by the Nigeria Immigration Service (NIS), to claim the property in the UK. They are also charged with using a false passport to facilitate the property claim and with impersonating Tali Shani. The prosecution further alleged that they created a fake “Irrevocable Power of Attorney” to help Ozekhome claim the property. The defendants have denied all charges.
Defence questions forensic methodology
During cross-examination, Oyetibo insisted that Mairiga's forensic report was a “result of a warped examination of a document.” Despite objections from prosecution lawyer Aisha Tahir, who argued that the line of questioning was meant to annoy the witness, trial judge Chizoba Oji allowed the question, noting that the witness did not appear annoyed. Mairiga maintained that his calculations were in line with ICAO standards and that the technologies used—including VSC 8000, produced by Foster and Freeman, as well as Keesing Technologies Document Checker (KTDC) and manual calculation—could not be wrong.
Oyetibo asked Mairiga if he checked for page substitution, photo replacement, or erasures. Mairiga stated that he did check for page substitution but not for photo replacement or erasures, explaining that the Date of Birth (DOB), Date of Expiry (DOE), and passport number have check digits mathematically encoded to ascertain the genuineness of the data page. He proceeded to a second stage of high-magnification examination and VSC 8000 imaging. When asked about micro-printing, intaglio, UV light, holograms, and optically variable devices, Mairiga replied that it was not possible to check these on a photocopied document, implying that the Tali Shani passport was a photocopy or scan. However, he stated that the document was clear enough and that infrared examination was carried out.
ICAO standards and check digits explained
Mairiga explained that the ICAO standard mathematically encodes check digits for DOB, DOE, and passport number, calculated by multiplying and dividing by 10. The check digit is a single numerical character from 0 to 9 placed after these entries to ensure accuracy and integrity, assisting immigration and border control officers in identifying forged data pages. He noted that he did not check if the data page fell under Stolen and Lost Travel Documents (SLTD) because he lacked access to that database.
When asked if he worked for the NIS during the investigation, Mairiga said no, but he had been recruited into the NIS in 2009 and underwent six months of training, including passport and forgery detection. He had worked in the NIS fraud unit analyzing counterfeit documents. He stated that the technologies used allowed him to obtain specimens of Nigerian A-Series passports. When asked if the Tali Shani passport was issued by the NIS, forged, or altered, Mairiga maintained that it failed the ICAO standard and thus could not be deemed genuine. He added that he did not interrogate NIS officers in Abeokuta, where the passport was allegedly issued, as it was not part of his request.
The judge adjourned the matter until Tuesday, 30 June, to hear Ozekhome's application to travel for medical reasons.
Earlier testimony and backstory
In March, the first prosecution witness, NIS officer Akim Aridegbe, testified that the Tali Shani passport was fake, as it had no record in the NIS database despite sharing features of a genuine copy. On 24 June, PREMIUM TIMES reported that the Legal Practitioners’ Privileges Committee had suspended Ozekhome's SAN rank pending a disciplinary hearing.
The London tribunal had earlier ruled that the property was secretly bought in 1993 by the late Jeremiah Useni using a false identity, and that Ozekhome's steps to claim it were built on fraud, impersonation, and forged documents. The tribunal also uncovered fraudulent Nigerian identity records, including a passport, NIN, and TIN, allegedly generated with the connivance of corrupt officials at NIMC, NIS, and FIRS.
