Wale Igbintade
The prosecution on Monday urged the Federal High Court in Lagos to permit a Nigerian-American engineer, Mr. Anthony Ugbebor, to testify virtually from the United States in the ongoing N152 million fraud trial involving property developer Olukayode Olusanya.
Prosecuting counsel, CSP Monday Omo-Osagie, made the request before Justice Musa Kakaki through a motion on notice dated November 3, 2025, seeking leave of court to examine the complainant remotely in line with the rules of court.
He informed the court that all parties had been duly served and had filed their respective responses.
The application, he said, is supported by a 13-paragraph affidavit and a written address.
Adopting his submissions, Omo-Osagie urged the court to grant the application, arguing the affidavit evidence before the court had not been materially controverted and should be deemed admitted.
He also asked the court to discountenance the counter-affidavit filed by the first defendant and to hold that the second defendant failed to properly oppose the application, having filed only a reply on points of law.
The prosecutor further submitted that the rules of the court expressly permit the taking of evidence by electronic means in appropriate circumstances, particularly where a witness is outside the jurisdiction and unable to attend physically.
He argued that refusing the application would occasion unnecessary delay in the proceedings and hinder the expeditious determination of the case, especially as the witness is central to the prosecution’s case.
Omo-Osagie maintained that adequate safeguards exist within the court’s procedures to ensure that virtual testimony does not prejudice the defendants, noting the defence would still have full opportunity to cross-examine the witness in real time.
In opposition, counsel to the first defendant, Agboola Adeleke (SAN), urged the court to dismiss the application, relying on Section 351 of the relevant law, which he said requires the physical presence of witnesses for examination and cross-examination.
He argued that allowing virtual testimony would undermine the defendants’ right to fair hearing, particularly their ability to observe the witness’s demeanour.
Adeleke further contended the reasons given for the witness’s absence—his residence abroad and alleged health challenges—were not supported by credible evidence.
Also, Jude Ehiedu, counsel to 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.
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, filed by the Nigerian Police Force.
The defendants were arraigned on November 26, 2024, and pleaded not guilty to all charges.
The prosecution alleged that between November 8, 2017, and August 4, 2020, Olusanya and the company’s former Head of Sales and Marketing, Ms. Lynda Umeh (now at large), defrauded Ugbebor of N152 million.
According to the charge, the money was allegedly obtained 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 not met.
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