Court Grants Prosecution's Request To Regularise Motion For Additional Witness In N152m Property Fraud By Olukayode Olusanya | News Proof

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Court Grants Prosecution's Request To Regularise Motion For Additional Witness In N152m Property Fraud By Olukayode Olusanya

By Peter Dansu 

Olukayode Olusanya

Justice Musa Kakaki of the Federal High Court, Lagos, has granted the prosecution’s request to regularise its application for an additional witness in the ongoing trial of property developer, Olukayode Olusanya. 

Olusanya is facing allegations of N152m property fraud.

Prosecution Counsel, CSP Monday Omo-Osagie, had filed the application dated October 23, 2025, praying the court to add another witness to the case.

In his ruling, Justice Kakaki granted the application as prayed and also directed the prosecution to serve the defence with the amended application for a virtual hearing within 14 days, while the defence must respond before the next adjourned date.

“The application is granted as prayed. The prosecution is to serve the amended application to the defence within 14 days, and the defence to respond before the next adjourned date,” the judge ruled. 

Olusanya, the Chief Executive Officer of Oak Homes Limited, is standing trial alongside his company, on a four-count charge of conspiracy, obtaining money by false pretence, fraud, and stealing, brought by the Nigeria Police Force.

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

According to the police, between November 8, 2017, and August 4, 2020, 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.

The duo, the police claimed, purportedly collected the funds under the pretext of selling two three-bedroom apartments at Oak Residence, Victoria Island, Lagos, promising delivery by February 28, 2019, but never handed over the property.

Earlier, at the resumed hearing of the case on Tuesday, Omo-Osagie told the court that the matter was for continuation of trial by virtual hearing, as earlier requested in an application filed on July 25, 2025.

However, defence counsel Agboola Adeleke (SAN) objected, arguing that the prosecution had not served the application for a virtual hearing on the defence.

“I am completely opposed to the virtual trial.

"This is a criminal trial; the parties should be present physically. In any case, we have not been served. If the prosecution is not ready, they should close their case,” Adeleke said.

Responding, Omo-Osagie told the court that the application was duly filed through the court registrar and that he was informed a copy had been lodged with the court’s registry.

“I made inquiries from the registrar and did the needful. That is why this virtual set-up was arranged. However, since the court has said it was not properly processed, we are asking for time to regularise the application,” he said.

The case has been filurther fixed for February 9, 2026.

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