Legal tussle between Lagos developer, American–Nigeria-based engineer, Anthony Ugbebor,  adjourned till January 20

By Akin Kuponiyi

A Nigerian–American engineer, Mr. Anthony Ugbebor, in the ongoing civil case at a Lagos High Court involving him and a Lagos developer, Mr. Olukayode Olusanya, has opened his defence in the N152 million property dispute between both parties.

The developer, Mr. Olukayode Olusanya, and his company, Oak Homes Limited, had dragged Mr. Ugbebor before the court for the dispute to be resolved. The claimants are seeking various reliefs, including a declaration of trespass.

Led by his counsel, Barrister Nasir Salau, Ugbebor adopted his written statement on oath as his defence and counterclaim, while Mr. Salau tendered several documents, which the court admitted as exhibits.

Ugbebor urged the court to dismiss the claimant’s case for lacking merit and to enter judgment in his favour based on his counterclaim, asking the court to order the claimants to deliver to him the two properties at No. 14A Musa Yar’Adua Street, Victoria Island, which are the subject matter of the suit.

During cross-examination, the claimant’s counsel, Mr. Adeleke Agboola (SAN), asked Ugbebor whether he had respect and trust in the Nigerian judicial system. Ugbebor affirmed his absolute trust in the Nigerian judicial system, noting that all matters must be handled within the ambit of the law.

He recounted that on October 11, 2022, he instructed his representative to inspect the two flats he paid for from Oak Homes Limited. However, the company informed his representative that there was no record of his transaction, despite his having paid 80 percent of the N152 million total purchase price (approximately $400,000).

His representative contacted Olukayode Olusanya and was given the number of one Linda Umeh. They agreed to meet the next day, October 12, between 1 p.m. and 2 p.m. Later, Linda informed his representative that the COO had called her and said there were no records of his transaction.

Agboola (SAN) also confronted Ugbebor with an email in which he warned Olusanya that he might petition the EFCC if the matter was not resolved. Ugbebor acknowledged writing the petition, explaining that he suspected he was about to be defrauded, and confirmed submitting the petition at the EFCC office in Abuja.

He also admitted knowing that Olusanya was detained, though he was unaware of the duration. When asked whether he sent lawyers to the EFCC to recover his money, Ugbebor replied, “No,” adding that his lawyer drafted the petition based on information he provided.

Ugbebor stated that there was no meeting between the parties or their counsel in April 2023 and could not recall receiving a pre-emptive injunction issued on August 24, 2023, by Justice Ogunjobi, directing him to cease and desist from going to the property site. He confirmed, however, that his lawyer filed a counterclaim and that the matter had been pending since 2023.

He confirmed that the parties had a contract for two second-floor flats, with a delivery date of February 28, 2019, which was not met. He admitted he had not completed payment at the time, noting: “The payment schedule was that when the project is completed, he would pay the balance.” His last payment was in December 2020, after the delivery date had passed. He said he paid the money with all his life savings.

Although the EFCC directed Olusanya to refund all payments, he never demanded repayment but insisted that the flats should be handed over to him. The matter was later classified as civil, leading him to report it to the police at Zone Two Command when his life was being threatened; however, the part of the charge concerning threat to life was struck out by the Federal High Court in Lagos when the charge was amended.

He admitted that the Lagos State Government had sealed the site in 2019, that the COVID-19 pandemic also negatively affected construction, and that rising material costs were advisory in nature. All this notwithstanding, he maintained that the apartments were still available when the claimant said they had been sold.

The EFCC’s counsel, Mr. M. A. Sheu, did not cross-examine Ugbebor. Justice George adjourned the matter to January 20, 2026, for continuation of the defence.

The proceedings were conducted virtually.