The ongoing trial of property developer Mr. Olukayode Olusanya before the Federal High Court in Lagos was on Wednesday stalled due to an objection raised against a prosecution witness who was not listed in the proof of evidence.
Olusanya, the Chief Executive Officer of Oak Homes Limited, is standing trial alongside his company on a four-count charge brought by the Nigerian Police Force. The charges include conspiracy, obtaining money by false pretence, fraud, and stealing.
The defendants were first arraigned on November 26, 2024, and both pleaded not guilty.
According to the police, Olusanya and the company’s Head of Sales and Marketing, Ms. Lynda Umeh (currently at large), allegedly defrauded Nigerian-American engineer Mr. Anthony Ugbebor of N152 million between November 8, 2017, and August 4, 2020. The alleged fraud involved the sale of two three-bedroom apartments at Oak Residence, Victoria Island, Lagos, with a promised delivery date of February 28, 2019. The apartments were never delivered.
During Tuesday’s hearing, the second prosecution witness, Mr. Shehu Yakubu, a stockbroker, testified before Justice Musa Kakaki. He recounted how he facilitated payments to Oak Homes on behalf of the complainant.
Yakubu stated that he was introduced to Olusanya in 2017 and was informed that two flats had been offered to Ugbebor on Musa Yar’Adua Street, Victoria Island. He told the court that the first payment of N85 million was made on November 21, 2017, into Oak Homes’ Zenith Bank account, while a second payment of N49.5 million was made on August 4, 2020, into the same account.
However, when proceedings resumed on Wednesday, an attempt by the prosecution to introduce its third witness, Mr. Seye Omodele, was challenged by defence counsel on the grounds that his name was not included in the original proof of evidence.
Mr. Adeleke Agboola (SAN), counsel to the first defendant, objected to the witness, citing procedural irregularities. Mr. Jude Ehiedu, representing the second defendant, supported the objection, stressing that the defence should not be ambushed with unlisted witnesses.
In response, Chief Superintendent of Police Monday Omo-Osagie, who is prosecuting the case, apologised to the court and explained that he had sent the witness’s statement for filing but was unaware it had not been submitted. He requested an adjournment and permission to regularise the witness.
Agboola opposed the request for an adjournment, arguing that the prosecution still had listed witnesses available and could proceed with their testimonies. Ehiedu added that the prosecution failed to provide any justification for not calling the remaining listed witnesses despite having two days in court.
Justice Kakaki upheld the defence’s objection and granted the withdrawal of the unlisted witness.
Following the ruling, the prosecutor made an oral application for the nominal complainant, Mr. Ugbebor, who resides abroad, to be allowed to testify virtually.
Justice Kakaki granted the request and adjourned further proceedings to October 28, 2025. He also directed the prosecution to ensure that all listed witnesses are present on the next adjourned date.
