N152m Dispute: EFCC Not Debt Recovery Agency, Operative Tells Court 

                        
Wale Igbintade 

An operative of the Economic and Financial Crimes Commission (EFCC), Emmanuel Adide, yesterday told a Lagos State High Court sitting at Tafawa Balewa Square that the organisation was never asked by the first defendant, a Nigerian-American engineer, Anthony Ugbebor, to recover the sum of N152 million paid for two luxury flats developed by Oak Homes Limited.

Testifying under cross-examination, Adide stressed that the EFCC is not a debt recovery agency.

He gave the clarification while appearing as a witness in a suit filed by property developer Olukayode Olusanya and his firm, Oak Homes Limited (Suit No: LD/4471LM/2023), against Ugbebor over alleged trespass on two second-floor apartments located at No. 14A Musa Yar’Adua Street, Victoria Island, Lagos.

The EFCC operative told the court that when the claimant agreed to refund the money, there was no discussion or understanding that the flats would be sold to facilitate the repayment.

Responding to questions on whether the EFCC directed the claimant to make the refund, Adide explained that the discussions formed part of the Commission’s internal processes.

However, he said it was unclear at the time whether disposal of the flats would be required to effect the refund, adding that compelling the sale of property in such circumstances would amount to an improper practice.

He further explained that once allegations of fraud arise, the EFCC’s standard procedure is to investigate the complaint and, where appropriate, recover funds linked to criminal conduct as part of its statutory mandate.

Adide told the court that the petition submitted to the EFCC alleged criminal breach of trust and obtaining money by false pretence, which justified the Commission’s investigation.

However, he said the investigation later revealed that the dispute was civil in nature. “As a result, the claimant was contacted and asked to retrieve the bank draft earlier submitted to the EFCC,” he said.

The witness confirmed that Olusanya, the Managing Director of Oak Homes Limited, was detained when he first visited the EFCC office in Abuja, but added that Olusanya never denied that a transaction took place between him and Ugbebor. “He did not deny it, my lord,” Adide said.

When asked whether the refund arrangement was reached while Olusanya was in detention, the witness replied in the negative, stating that Olusanya was already on bail at the time the refund was made.

He said the claimant paid the money in installments but could not recall the exact number of tranches. He further confirmed that Olusanya submitted three bank drafts to the EFCC totalling N102 million.

Earlier in the proceedings, counsel to Ugbebor, I.B. Mamood informed the court that the first defendant  had decided not to call any further witnesses.

“Upon careful review of our case, we have resolved not to call additional witnesses. We are therefore closing our case,” he said. Following this, the EFCC, listed as the second defendant, opened its defence. 

Its counsel, M.A. Shehu, called Adide as a witness and adopted his witness statement on oath. The Commission also tendered documents, including the petition, extra-judicial statements and a letter. 

Justice George admitted the documents in evidence and marked them as Exhibits 2DW1, 2DW2 and 2DW3 respectively.  Adide’s witness statement on oath dated January 17, 2024, was also admitted as evidence.

During cross-examination by counsel to the first defendant, Nasiru Salau, Adide confirmed that there was no written request from Ugbebor asking the EFCC to recover the money.

After hearing the testimony, Justice Akingbola George adjourned the case till March 23, 2026, for the adoption of final written addresses.

At the previous sitting, Ugbebor had opened his defence, telling the court that he paid for two luxury flats with his “life savings” totalling $400,000.

He said he paid N152 million—representing 80 per cent of the total purchase price of N190 million—but alleged that the developer later denied having any record of the transaction.

Ugbebor testified that on October 11, 2022, he sent a representative to inspect the flats, only for Oak Homes Limited to allegedly claim there was “no record” of his purchase despite the payments.

Under cross-examination by counsel, Adeleke Agboola (SAN), Ugbebor confirmed that he petitioned the EFCC in Abuja after suspecting fraud.