A developer Olukayode Olusanya and a firm, Oak Homes Limited standing trial over alleged N152 million fraud before Justice Musa Kakaki of the Federal High Court sitting in Lagos on Monday urged the court to order the prosecution to close its case for want of diligent prosecution.
Counsel to Oak Homes Limited Jude Ehiedu made the submission upon the failure of the prosecution to comply with the valid court order made on October 28, 2025 directing it to file the application for virtual hearing and serve the defendants before the next adjourned date.
Benson Okezie Nwosu counsel to Olukayode Olusanya aligned with the submission of counsel to second defendant.
These submissions were made when the matter was called for continuation of trial of the defendants on Monday February 9.
zmr. M.A. Omo-Osagie who announced appearance for the prosecution had told the court that the matter is slated for continuation of trial, but added that the prosecution has a humble application, a motion on notice before the court. He told the court that the defendants have been served and prayed to move the application subject to the convenience of the court.
Responding to the submission of the prosecution, 1st defendant counsel Ben Okezie told the court that he was not in receipt of the said application.
“My lord, at the last sitting, the prosecution was given 14 days to file and serve same on the defendant and we have 14 days after service to respond, but till date we have not been served.
“This application is new to me” he said.
Also responding to the prosecution’s submission, the 2nd defence counsel Jude Ehiedu said that the same position is with the 2nd defendant.
” The last time the matter came up, the court directed the prosecution to serve us and we have also 14 days to respond, but till date, we have not received anything. I thought that they have abandoned the application and to go on with other witnesses.
“My lord we are prepared for physical trial today, but not virtual hearing as no application was filed to that effect “.
Countering the defence counsel, the prosecutor Omo-Osagie told the court that it is on record that they did serve the defendant through one Mr. Gabriel.
At this juncture, the trial judge Justice Kakaki faulted the prosecution for serving a different person instead of serving the process on the defendant.
“You served on different person entirely. You were asked to serve the defendant but you served another person entirely” the judge noted.
Going through the court file, the judge further noted, the application was not filed as it was not in the court file.
The 2nd defence counsel submitted that the last time the matter came up, prosecution was asked to file and serve which he failed to comply with the order of the court. “My lord, there must be consequence for his refusal to carry out the court order”
” There is a valid court order made which the prosecution failed to comply with. He has not given any reason why he failed to comply with the court order. He claimed to have filed, but there is nothing like half compliancy. He is supposed to file and serve the defendants but he failed to do so”.
He urged the court to ask the prosecution to call his witness or close his case for want of diligent prosecution.
After listening to the submissions of the counsel, the judge in his short ruling said ” I have gone through the court record, there is no such notice filed in the court’s record. There is no evidence that the prosecution is ready to bring their witnesses but he ought to have been more diligent.
The prosecution is to file and serve the process on the defendants before the next adjourned date . The matter was subsequently adjourned till April 20 for definite continuation of trial.
Olusanya, the Chief Executive Officer of Oak Homes Limited, is standing trial alongside his company on a four-count charge of alleged conspiracy, obtaining money by false pretence, fraud, and stealing, brought against them by the Nigeria Police Force.
The defendants were arraigned by the Police on November 26, 2024, and they had pleaded not guilty to all charges.
According to the Police, between November 8, 2017, and August 4, 2020, Olusanya and one Ms. Lynda Umeh, the company’s Head of Sales and Marketing (now at large), allegedly defrauded a Nigerian-American engineer, Mr. Anthony Ugbebor, the sum of N152million.
The duo purportedly collected the funds under the pretext of selling two three-bedroom apartments at Oak Residence, Victoria Island, Lagos, promising delivery by February 28, 2019, but never handed over the property.
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