Court Directs Prosecution to Present Witnesses in N152m Oak Homes Fraud Trial

Wale Igbintade

Justice Musa Kakaki of the Federal High Court, Lagos, has directed the prosecution to ensure the appearance of all its witnesses at the next sitting in the N152 million property fraud trial involving Oak Homes Limited and its Chief Executive Officer, Olukayode Olusanya, signalling the court’s resolve to push the case forward without further delay.

The judge issued the directive yesterday while adjourning the matter to April 20, 2026, following arguments by counsel over the status of the prosecution’s application for virtual hearing.

The defendant Mr. Olusanya was present in court.

At the resumed proceedings, prosecution counsel, CSP Monday Omo-Osagie, told the court that the case was slated for continuation of trial and that the prosecution had complied with an earlier order by filing a Motion on Notice seeking leave to conduct proceedings virtually.

He said the application was ready to be moved, subject to the court’s convenience, and maintained that the defendants had been duly served.

However, defence counsel, Benson Nwosu and Jude Ehiedu, objected, insisting that they had not been served with any application for virtual proceedings.

They urged the court to compel the prosecution to close its case for want of diligent prosecution, while stating their readiness to proceed with a physical hearing.

Responding, Omo-Osagie expressed surprise at the defence’s position, insisting that the prosecution had acted diligently and in strict compliance with the court’s directives.

He said the application was filed on November 4, 2025, and served on the defendants the same day.

According to him, the service on the first defendant was effected at his office in compliance with the court’s October 28, 2025 order and received by one Gabriel Aaron.

“We complied with the court’s order within the stipulated 14 days. The Motion on Notice was filed on November 4, 2025, and by 2:15pm on the same day, it was served on the defendants,” the prosecutor said.

He added that the prosecution was surprised that proof of service was not in the court’s file, noting that this was the second time the application was being brought following earlier administrative directives of the court.

In a bench ruling, Justice Kakaki noted the absence of proof of service in the court’s file but declined the defence’s request to compel the prosecution to close its case.

Instead, the judge adjourned the matter to April 20, 2026, and directed the prosecution to ensure that all its witnesses are present and ready to testify on the adjourned date, underscoring the court’s intention that the trial must proceed without further delay.

Olusanya and Oak Homes Limited are facing a four-count charge bordering on conspiracy, obtaining money by false pretence, fraud and stealing, preferred by the Nigerian Police Force.

The defendants were arraigned on November 26, 2024, and pleaded not guilty to all the charges.

The prosecution alleged that between November 8, 2017, and August 4, 2020, Olusanya, alongside the company’s former Head of Sales and Marketing, Ms. Lynda Umeh (now at large), defrauded a Nigerian-American engineer, Mr. Anthony Ugbebor, of N152 million.

The alleged fraud was said to have been committed under the pretext of selling two three-bedroom apartments at Oak Residence, Victoria Island, Lagos, with a promised delivery date of February 28, 2019, which was allegedly not met.