The Nigeria Police has asked a Federal High Court in Lagos to allow a Nigerian-American engineer, Mr. Anthony Ugbebor, to give his testimony virtually from the United States in the ongoing N152 million fraud case involving property developer, Mr. Olukayode Olusanya.
The request was made by prosecuting counsel, CSP Monday Omo-Osagie, before Justice Musa Kakaki via a motion on notice. He informed the court that all parties had been duly served and had filed their responses. The application, he said, is supported by a 13-paragraph affidavit and a written address.
Omo-Osagie urged the court to grant the request, arguing that the affidavit evidence had not been effectively challenged and should be treated as admitted. He also asked the court to disregard the first defendant’s counter-affidavit, insisting that the second defendant did not properly oppose the application but only filed a reply on points of law
He further submitted that the court’s rules permit electronic testimony in appropriate cases, especially where a witness is outside the jurisdiction and unable to appear physically. According to him, denying the application could delay proceedings and hinder the swift resolution of the case, noting that the witness is central to the prosecution’s case.
The prosecution also assured the court that safeguards exist to ensure virtual testimony would not prejudice the defendants, stressing that the defence would still have the opportunity to cross-examine the witness in real time.
However, counsel to Olusanya, Agboola Adeleke, SAN, opposed the application, arguing that the law requires witnesses to be physically present for examination and cross-examination. He maintained that virtual testimony would violate the defendants’ right to a fair hearing, particularly their ability to observe a witness’s demeanour.
Adeleke further argued that the reasons given for the witness’s absence, including residency abroad and alleged health issues, were not supported by credible evidence.
Similarly, counsel to Oak Homes Limited, Jude Ehiedu, also opposed the application, urging the court to uphold established procedural rules and carefully consider their filings.
After hearing arguments from both sides, Justice Kakaki adjourned the matter to May 12, 2026, for ruling.
Olusanya, the Chief Executive Officer of Oak Homes Limited, is standing trial alongside the company on a four-count charge of conspiracy, obtaining money by false pretence, fraud, and stealing. They were arraigned on November 26, 2024, and pleaded not guilty.
The prosecution alleges that between November 8, 2017, and August 4, 2020, Olusanya and a former Head of Sales and Marketing, Ms. Lynda Umeh (now at large), defrauded Mr. Ugbebor of N152 million. 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 fulfilled.