TRIAL OF OAK HOMES CEO STALLED AS COURT UPHOLDS OBJECTION TO UNLISTED PROSECUTION WITNESS

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By Aishat Momoh. O.

The trial of Mr. Olukayode Olusanya, Chief Executive Officer of Oak Homes Limited, was on Wednesday stalled before the Federal High Court sitting in Lagos, following an objection to the appearance of a prosecution witness not listed in the proof of evidence.

Olusanya and his company are facing a four-count charge of conspiracy, obtaining money by false pretence, fraud, and stealing, brought against them by the Nigerian Police Force. They were arraigned on November 26, 2024, and have pleaded not guilty to all charges.

According to the prosecution, Olusanya and the firm’s former Head of Sales and Marketing, Ms. Lynda Umeh (currently at large), allegedly defrauded a Nigerian-American engineer, Mr. Anthony Ugbebor, of N152 million between November 2017 and August 2020 under the pretext of selling two three-bedroom apartments at Oak Residence, Victoria Island, Lagos. The properties were never delivered.

At Tuesday’s proceedings, the second prosecution witness, stockbroker Mr. Shehu Yakubu, testified that he facilitated the payments made by Ugbebor to Oak Homes, detailing transactions of N85 million and N49.5 million made in 2017 and 2020, respectively.

However, drama ensued on Wednesday when the prosecution sought to call a third witness, Mr. Seye Omodele, whose name was not among the four originally listed witnesses.

Counsel to the first defendant, Mr. Adeleke Agboola (SAN), and counsel to the second defendant, Mr. Jude Ehiedu, strongly objected to the witness’s appearance, citing legal irregularity and lack of prior notice.

“This witness is not in the proof of evidence. The prosecution should stick to the listed witnesses,” Agboola argued.

The prosecuting officer, CSP Monday Omo-Osagie, admitted the oversight and apologised, stating that he was unaware the additional witness statement had not been filed. He then applied to withdraw the witness and requested an adjournment to regularise the witness list.

Agboola, however, opposed the request for adjournment, arguing that the prosecution had other listed witnesses who could be called instead. Ehiedu also insisted that the prosecution had provided no valid reason for failing to proceed with the listed witnesses.

In a brief ruling, Justice Musa Kakaki upheld the defence’s objection and granted the application to withdraw the unlisted witness.

“The witness is not in the proof of evidence before the court. Accordingly, the application to withdraw the witness is granted,” the judge ruled.

Following the ruling, the prosecution made an oral application for the court to allow virtual testimony from the complainant, Mr. Ugbebor, who resides abroad. The court granted the request and adjourned the case to October 28, 2025, for continuation of trial.

Justice Kakaki also directed the prosecution to ensure that all listed witnesses appear on the adjourned date.