Court sets Oct 27 to rule on evidence in N152m property dispute trial

The Federal High Court sitting in Lagos has set October 27, 2026, to rule on the admissibility of documents sought to be tendered by the police in an ongoing trial over a N152 million property dispute.

The court presided by Justice Musa Kakaki fixed the date after hearing the submission of the prosecution and the defence counsels on whether four offer letters allegedly showing attempts to resell the disputed properties could be admitted in evidence or not.

During the proceedings, prosecuting counsel, Chief Superintendent of Police, Monday Omo-Osagie, called his third witness, nominal complainant, Engineer Anthony Ugbebor, who came from United State of America to give evidence.

Ugbebor said he entered into an agreement with the defendant in November 2017 after receiving assurances that the 2nd defendant was a reputable developer capable of delivering a retirement home in Nigeria.

He added that he made four payments between November 2017 and December 2020, amounting to N152 million, representing 80 per cent of the N190 million purchase price for two flats on the second floor of the building. The money he said represented his life savings, equivalent to about 400,000 US dollars at the prevailing exchange rates.

He testified that the project was expected to be delivered on February 28, 2019 but after construction stalled, he sent a representative to inspect the site on October 11, 2022.

He alleged that by December 15, 2024, the defendant attempted to sell the same units for N560 million each. According to him, one offer letter dated January 10, 2024, offered the properties for a total of N1.23 billion, while another dated January 11, 2024, quoted N950 million. A third letter dated February 5, 2024, increased the prices further, with the second-floor flats listed at N360 million each.

“I gave the developer my life savings after staying in America for over 38 years. I paid him N152 million, equivalent to about 400,000 dollars,” he added in his submission.

However, when the prosecution sought to tender the four offer letters allegedly showing attempts to resell the properties, the defence counsel, Adeleke Agboola, SAN, objected, arguing that the documents were inadmissible because they were neither authored by the witness nor addressed to him..

He argued that at least three of the documents were photocopies and relied on Section 83(1)(b) of the Evidence Act, contending that the maker of the documents ought to be called as a witness.

Responding, Omo-Osagie urged the court to dismiss the objections. Relying on Section 15 of the Evidence Act, he argued that the documents were directly relevant to the facts in issues.

After listening to both sides, Justice Kakaki fixed ruling on the admissibility of the disputed offer letters till October 27th 2026.

Olukayode Olusanya, the Chief Executive Officer of Oak Homes Limited, is standing trial alongside the company on a four-count charge bordering on conspiracy, obtaining money by false pretence, frau and stealing, filed by the Nigerian Police Force.

The defendants were arraigned on November 26, 2024, and pleaded not guilty to all charges.

The prosecution alleged that between November 8, 2017, and August 4, 2020, Olusanya and the company’s former Head of Sales and Marketing, Ms. Lynda Umeh (now at large), defrauded Ugbebor of N152 million.

According to the charge, 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 met.

It will be recalled that earlier in the trial, the police had asked the court to permit the complainant, Ugbebor, a Nigerian-American, to testify virtually from the United States.

Prosecuting counsel, CSP Monday Omo-Osagie, had made the request through a motion on notice.

Court sets Oct 27 to rule on evidence in N152m property dispute trial