The ongoing trial of a property developer, Mr. Olukayode Olusanya, before the Federal High Court sitting in Lagos was on Wednesday stalled following an objection to the appearance of a prosecution witness not listed in the proof of evidence.
Olusanya, who is the Chief Executive Officer of Oak Homes Limited, alongside his company, is standing trial on a four-count charge bordering on conspiracy, obtaining money by false pretence, fraud, and stealing, preferred against them by the Nigerian Police Force.
The defendants were arraigned on November 26, 2024, and pleaded not guilty to all the charges.
According to the police, between November 8, 2017, and August 4, 2020, Mr. Olusanya and one Ms. Lynda Umeh, the company’s Head of Sales and Marketing (now at large), allegedly defrauded a Nigerian-American engineer, Mr. Anthony Ugbebor, of N152m.
They perpetrated the alleged fraud under the pretext of selling two three-bedroom apartments at Oak Residence, Victoria Island, Lagos, with a promised delivery date of February 28, 2019.
They never delivered the property.
At the resumed proceedings on Tuesday, the second prosecution witness, Mr. Shehu Yakubu, a stockbroker, testified before Justice Musa Kakaki.
He narrated how he facilitated payments to Oak Homes Limited on behalf of the complainant.
“Engineer Ugbebor introduced Mr. Olusanya to me in 2017 as the Chief Executive Officer of Oak Homes,” Yakubu testified.
“He told me Olusanya had offered him two flats at Musa Yar’Adua Street, Victoria Island, Lagos.”
The witness further told the court, “The first payment of N85m was made on November 21, 2017, into Oak Homes’ Zenith Bank account on Bourdillon. The second payment of N49.5m was made on August 4, 2020, into the same account.”
However, when proceedings resumed on Wednesday, the prosecution’s attempt to call its third witness, Mr. Seye Omodele, was met with stiff objection from defence counsel because his name was not listed in the proof of evidence.
Counsel to the first defendant, Mr. Adeleke Agboola (SAN), objected, stating, “My Lord, I will be objecting to this witness. He is not in the proof of evidence. Four witnesses were listed by the prosecution, and this witness is not one of them.”
Counsel to the second defendant, Mr. Jude Ehiedu, aligned himself with Agboola’s submission.
“We abide by the law. Four witnesses were listed, and this witness is not one of them. We are objecting to surprises. The prosecution can still call any of the listed witnesses, we are ready,” he said.
In response, the prosecuting officer, Chief Superintendent of Police Monday Omo-Osagie, apologised to the court and the defence and applied to withdraw the witness.
“I sincerely apologise, my Lord. I was transferred out of Lagos, and while preparing for trial, I sent the additional witness statement to my learned friend to file it. I didn’t know that it had not been filed. We will be asking for an adjournment and will apply to regularise the additional witness,” he said.
However, Agboola opposed any further adjournment, arguing that the prosecution had other listed witnesses it could call.
“If the prosecution can show us the additional witness statement, we may stand the matter down to examine it. But I will be opposing any adjournment. There are other witnesses; if he is not ready, he should close his case,” he argued.
Ehiedu stated that the prosecution failed to give any valid reason for not calling the other listed witnesses.
“The matter was adjourned from yesterday to today. The prosecution has called only two of its listed witnesses and has not explained why the other two cannot be called.
“The prosecution has been in court for two days and should have known the additional witness was not filed. I urge your Lordship to close the prosecution’s case so we can begin our defence,” he submitted.
In a short ruling, Justice Musa Kakaki held that the objection by the defence was valid and upheld the withdrawal of the witness.
“The witness is not in the proof of evidence before the court. Accordingly, the application to withdraw the witness is granted,” the judge ruled.
Thereafter, the prosecutor made an oral application requesting the court to permit the nominal complainant, Mr. Anthony Ugbebor, who resides abroad, to testify virtually.
“My Lord, as I informed the court on the last adjourned date, the nominal complainant is outside the country. I apply that he be allowed to attend proceedings virtually,” he said.
Consequently, the court adjourned further hearing to October 28, 2025, for continuation of the trial.
Justice Kakaki also directed the prosecution to ensure the appearance of all listed witnesses on the adjourned date.
-Advertisement-
Grab our latest Magazine, "Chief Wole Olanipekun, CFR, SAN, A man of wide horizons and deep intentions". Get your order fast and stress free.
For more details about Newswire Law&Events Magazine, kindly reach out to us on 08039218044, 09070309355. Email: newswiremagazine@yahoo.co.uk. You will be glad you did
Download E-MagazineDo you want to be heard, your events covered, your articles published, or need to advertise your products and services on our Blog and Magazine, reach out to us at Newswire Law and Events, you will be glad you did. For more details about our services, please call: 08039218044, 09070309355. Email: newswiremagazine@yahoo.co.uk
