The Federal High Court in Lagos has granted the prosecution’s request to include an additional witness in the ongoing trial of property developer, Olukayode Olusanya, who is facing allegations of defrauding a Nigerian-American engineer of ₦152 million.
Justice Musa Kakaki gave the ruling after hearing an application filed by CSP Monday Omo-Osagie, the prosecution counsel, on October 23, 2025.
“The application is granted as prayed,” Justice Kakaki ruled, directing the prosecution to serve the amended application on the defence within 14 days, while the defence is to file its response before the next adjourned date.
Olusanya, the CEO of Oak Homes Limited, and his company are standing trial on a four-count charge bordering on conspiracy, obtaining money under false pretence, fraud, and stealing. The charges were filed by the Nigeria Police Force, and the defendants pleaded not guilty when arraigned on November 26, 2024.
According to the police, between November 2017 and August 2020, Olusanya and Lynda Umeh, the company’s Head of Sales and Marketing (now at large), allegedly obtained ₦152 million from Mr. Anthony Ugbebor, under the pretext of selling him two three-bedroom apartments at Oak Residence, Victoria Island, with a promised delivery date of February 28, 2019, which was never fulfilled.
At Tuesday’s resumed hearing, Omo-Osagie informed the court that the session was scheduled for a virtual continuation of trial, in line with an application filed on July 25, 2025.
However, defence counsel Agboola Adeleke (SAN) objected, arguing that the prosecution had failed to serve the virtual hearing application on the defence, insisting that a criminal trial required physical presence.
“This is a criminal trial; all parties should be physically present. Since the prosecution is not ready, they should close their case,” Adeleke told the court.
In response, Omo-Osagie maintained that the application had been duly filed and processed through the court registrar, but requested additional time to regularise it following the court’s observation.
Adeleke countered that the prosecution had already called four witnesses and failed to specify who the new witness would be. He further accused the prosecution of serving the amended application late, urging the court to enforce a strict 14-day response period.
The second defendant’s counsel, Jude Ehiedu, aligned with Adeleke’s argument, noting that although he had not been officially served, he was aware of the application.
Justice Kakaki consequently adjourned the matter to February 9, 2026, for continuation of trial.
