Court orders prosecution to present witnesses in N152m Oak Homes dispute trial

By Akin Kuponiyi

Justice Musa Kakaki Federal high court Lagos, has directed the police prosecuting counsel, Monday Osagie to ensure the presence of all his witnesses at the next hearing in the ongoing N152 million property dispute trial involving property developer and boss of Oak Homes Limited, Olukayode Olusanya, and Nigeria /America based Engineer Anthony Ugbebor

The prosecution counsel had told the court that the case was scheduled for the continuation of trial when it was called on Monday.

He told the court that the prosecution had taken steps to comply with an earlier order by filing a Motion on Notice seeking the permission of the court for virtual proceedings.

He also told the court that the prosecution was ready to move the application, subject to the court’s convenient since the defendants had been duly served.

However, Counsel to the defendants, Benson Nwosu and Jude Ehiedu, raised objections, contending that they had not been served with the application and urged the court to compel the prosecution to close its case for want of diligent prosecution.

They contended that while they were prepared to proceed with a physical hearing, they had not received any process relating to virtual proceedings.

In response, Omo-Osagie expressed surprise at the defence’s position and firmly reiterated that the prosecution had acted diligently and in line with the court’s directives.

He stated that the application was filed on November 4, 2025, and that service was effected on the defendants on the same day, adding that the prosecution had not, at any time flouted the court’s orders.

He told the court that in compliance with the order of issued on 28th of October 2025, the first defendant was served in his office,o n November 4,2025, and it was received by one Mr Gabriel Aaron.

He emphasis that, “We complied with the court’s order of 14 days. We filed the Motion on Notice at the registry, on November 4, 2025, and at 2:15pm, on the same day it was served on the defendants.

“We are surprised that it’s not in the court’s file. This is the second time we are making this application. The first time directed administrative and on the last adjourned date directed that application be filed and we complied.

“Consequently, I urge my lord to discountenance the defence arguments they have already been served and I have their proof of evidence”, he said.

In his ruling, Justice Kakaki noted that, there is no proof of service in the court’s file but declined the defence’s request to compel the prosecution to close its case.

Instead, the court adjourned the matter to April 20, 2026, and specifically 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 should proceed without further delay.

Olusanya, the Chief Executive Officer of Oak Homes Limited, is standing trial alongside the company on 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.

According to the prosecution, between November 8, 2017, and August 4, 2020, Olusanya and Ms. Lynda Umeh, the Oak Homes’ former Head of Sales and Marketing (now at large), allegedly defrauded a Nigerian American engineer, Mr. Anthony Ugbebor, of N152million.

The alleged offence 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 the prosecution claimed was not met.