Court Approves Additional Prosecution Witness in Oak Homes Fraud Case

Wale Igbintade

Justice Musa Kakaki of the Federal High Court, Lagos, yesterday granted the prosecution’s request to regularize its application for an additional witness in the ongoing N152 million property fraud trial of developer Olukayode Olusanya.

The application, filed on October 23, 2025, by prosecution counsel CSP Monday Omo-Osagie, sought to add another witness to the case.

In his ruling, Justice Kakaki granted the request and directed the prosecution to serve the amended application on the defence within 14 days, with the defence required to 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, Chief Executive Officer of Oak Homes Limited, stands trial alongside his company on a four-count charge brought by the Nigeria Police Force, including conspiracy and obtaining money by false pretence.

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 a former company employee allegedly collected funds from a client under the pretext of selling apartments at Oak Residence, Victoria Island, Lagos, which were not delivered as promised.

During yesterday’s proceedings, Omo-Osagie informed the court that the trial was to continue virtually, as earlier requested in an application filed on July 25, 2025.

Defence counsel Agboola Adeleke (SAN) objected, insisting the trial should be conducted physically and that the prosecution had not properly served the virtual hearing application.

“I am completely opposed to the virtual trial. This is a criminal trial, and 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.

Omo-Osagie responded that the application had been duly filed through the court registrar and that a copy had been lodged with the court’s registry.

He requested time to regularize the application.

Adeleke further noted that the prosecution had listed four witnesses, two of whom had already testified, and had not clarified which remaining witness would testify virtually.

He urged the court to impose a 14-day limit to prevent unnecessary delays.

Second defendant’s counsel Jude Ehiedu supported this position, noting he had seen but not formally been served with the application.

Justice Kakaki subsequently adjourned the trial to February 9, 2026, for continuation.

At the previous sitting, the court had barred an unlisted prosecution witness from testifying following a defence objection, citing the requirement that all witnesses must be included in the proof of evidence.