N152m Fraud Trial: Police Seek Virtual Testimony From US Witness in Lagos Court
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In the ongoing N152 million fraud case against property developer Olukayode Olusanya, the Nigeria Police have asked the Federal High Court in Lagos to allow a key witness, engineer Anthony Ugbebor, to testify virtually from the United States.
In the current N152 million fraud trial involving property developer Olukayode Olusanya, the Nigeria Police have instructed a Federal High Court in Lagos to allow Mr. Anthony Ugbebor, a Nigerian-American engineer, to testify virtually from the United States.
Through a move on notice, prosecuting attorney CSP Monday Omo-Osagie made the request before Justice Musa Kakaki and told the court that all parties had been properly served and had submitted their responses.
He claims that a written address and a 13-paragraph affidavit support the application.
Omo-Osagie encouraged the court to approve the application during his submission, claiming that the affidavit evidence in front of the court should be accepted since it had not been materially contested.
Additionally, he requested that the court disregard the first defendant's counter-affidavit and rule that the second defendant, who had merely submitted a reply on legal issues, had not properly opposed the application.
The prosecution further argued that the court's regulations specifically allow for the gathering of evidence electronically under certain conditions, especially when a witness is not in the jurisdiction and cannot physically attend.
Omo-Osagie contended that since the witness is crucial to the prosecution's case, denying the application will cause needless delays in the proceedings and impede the prompt resolution of the case.
The prosecuting attorney argued that there are sufficient protections in place within the court's procedures to guarantee that virtual testimony does not bias the defendants, pointing out that the defense would still have a full opportunity to cross-examine the witness in real time.
In response, Olusanya's first defendant's attorney, Agboola Adeleke, SAN, asked the court to reject the application. He maintained that the applicable legislation mandates that witnesses be present in person for both cross-examination and examination.
According to Adeleke, permitting virtual testimony would undermine the defendants’ right to fair hearing, particularly their ability to observe the witness’ demeanour.
He further contended the reasons given for the witness’s absence, such as his residence abroad and alleged health challenges, were not supported by credible evidence.
In the same vein, Jude Ehiedu, counsel to Oak Homes Limited, the 2nd defendant, opposed the application, urging the court to carefully consider the arguments raised in their filings and to uphold established procedural requirements.
After hearing arguments from counsel, Justice Kakaki adjourned the matter to May 12, 2026, for ruling on the application.
The Nigerian Police Force filed a four-count accusation against Olusanya, the CEO of Oak Homes Limited, and the company. The charges include conspiracy, collecting money by false pretence, fraud, and theft.
On November 26, 2024, the defendants were arraigned and entered a not guilty plea to every allegation.
The prosecution claimed that Olusanya and Ms. Lynda Umeh, the company's former Head of Sales and Marketing, who is currently at large, defrauded Ugbebor of N152 million between November 8, 2017, and August 4, 2020.
The money was allegedly acquired under the guise of selling two three-bedroom apartments at Oak Residence, Victoria Island, Lagos, with a delivery date of February 28, 2019, which was not fulfilled, according to the accusation.
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