By Akin Kuponiyi
The presiding judge of the Federal High Court in Lagos, Justice Musa Kakaki, on Tuesday granted the police prosecution’s request to properly file an application for an additional witness in the ongoing trial of Lagos property developer, Olukayode Olusanya. He is alleged to have swindled a U.S.-based engineer, Anthony Ugbebor, of N152 million in a property deal. The case was adjourned till February 9, 2026, for continuation of trial.
The police prosecuting counsel, Chief Superintendent of Police (CSP) Monday Omo-Osagie, had filed an application dated October 23, 2025, seeking to add another witness to strengthen his case. Justice Kakaki granted the application as prayed and directed the prosecution to serve the defence with the amended application for a virtual hearing within 14 days, while the defence must respond before the next adjourned date.
Olukayode Olusanya, Chief Executive Officer of Oak Homes Limited, is standing trial alongside his company, Oak Homes Limited, on a four-count charge of conspiracy, obtaining money by false pretence, fraud, and stealing, brought by the Nigeria Police Force.
The defendant and his company were arraigned before the court on November 26, 2024, and pleaded not guilty to all the charges.
According to the four-count charge filed before the court by the Nigerian police, it was alleged that between November 8, 2017, and August 4, 2020, Olusanya and one Ms. Lynda Umeh, the company’s Head of Sales and Marketing (now at large), defrauded a Nigerian-American engineer, Mr. Anthony Ugbebor, of N152 million.
The two defendants allegedly collected the funds under the pretext of selling two three-bedroom apartments at Oak Residence, Victoria Island, Lagos, promising delivery by February 28, 2019, but never handed over the property to him.
At Tuesday’s proceedings, CSP Omo-Osagie told the court that the matter was slated for continuation of trial by virtual hearing, as earlier requested in an application filed on July 25, 2025.
However, defence counsel, Barrister Agboola Adeleke (SAN), objected, arguing that the prosecution had not served the application for virtual hearing on the defence.
“I am completely opposing the virtual trial. This is a criminal trial; the parties should be present physically. In any case, we have not been served,” Adeleke said. “If the prosecution is not ready, they should close their case.”
Responding, Omo-Osagie told the court that the application was duly filed through the court registrar and that he had been informed a copy was lodged with the court’s registry.
“I made inquiries from the registrar. That is why this virtual setup was arranged. However, since the court has said it was not properly processed, we are asking for time to regularise the application,” he said.
Adeleke countered that, from the proof of evidence, the prosecution had listed four witnesses, of which witnesses three and four had already testified. He noted that the prosecution had not clarified which of the remaining witnesses would testify virtually.
He added that the prosecution served its amended application only on the previous Friday and urged the court to impose a 14-day time limit to avoid unnecessary delays.
The second defendant’s counsel, Mr. Jude Ehiedu, aligned with Adeleke’s submission. He said that although he had not been formally served, he had seen the application and expected it to be heard at Tuesday’s sitting.
Thereafter, Justice Kakaki adjourned the matter to February 9, 2026, for continuation of trial.
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