N152m fraud: Police asks court to allow US-based engineer testify virtually
Nigerian-American Engineer Seeks Virtual Testimony in N152 Million Fraud Trial
The Nigeria Police requested a Federal High Court in Lagos to allow Nigerian-American engineer Anthony Ugbebor to testify remotely from the United States in a fraud trial involving property developer Olukayode Olusanya.
During a hearing before Justice Musa Kakani, prosecuting counsel CSP Monday Omo-Osagie presented the motion, indicating that all parties had been properly served and had submitted their responses. The application is backed by a 13-paragraph affidavit and accompanying written address.
Omo-Osagie argued for the approval of the application, asserting that the evidence provided had not been significantly challenged and should be accepted as admitted. He added that the counter-affidavit submitted by Olusanya, the first defendant, did not adequately oppose the request, as the second defendant only filed a reply on legal points.
The prosecutor emphasized that court rules permit electronic testimony in suitable circumstances, particularly when a witness cannot attend in person. Omo-Osagie noted that denying the application could lead to unnecessary delays and impede a swift resolution of the case, as Ugbebor’s testimony is vital for the prosecution.
He assured the court that safeguards are in place to ensure virtual testimony does not compromise the defendants’ rights, allowing for real-time cross-examination of the witness.
In response, Olusanya’s counsel, Agboola Adeleke, SAN, urged the court to reject the application, arguing that the law requires witnesses to be present for examination and cross-examination. Adeleke contended that virtual testimony could infringe upon the defendants’ right to a fair hearing, particularly in assessing the witness’s demeanor. He further questioned the validity of Ugbebor’s reasons for his absence, citing a lack of credible evidence.
Jude Ehiedu, representing Oak Homes Limited, the second defendant, echoed Adeleke’s sentiments, urging the court to uphold procedural standards based on their submissions.
Following the arguments presented, Justice Kakaki adjourned the matter until May 12, 2026, for a ruling on the application.
Olusanya, the Chief Executive Officer of Oak Homes Limited, faces trial alongside the company on a four-count charge of conspiracy, obtaining money by false pretenses, fraud, and theft, as per allegations by the Nigeria Police Force. The defendants were arraigned on November 26, 2024, and have pleaded not guilty to all charges.
The charges assert that between November 8, 2017, and August 4, 2020, Olusanya and the company’s former Head of Sales and Marketing, Lynda Umeh, who is currently at large, defrauded Ugbebor of N152 million. The prosecution claims the funds were obtained under the pretense of selling two three-bedroom apartments at Oak Residence, Victoria Island, Lagos, with a promised delivery date of February 28, 2019. That date, however, was not met.
