The prosecution on Monday urged the Federal High Court in Ikoyi, Lagos to permit a Nigerian-American engineer, Mr. Anthony Ugbebor, to testify virtually from the United States in the ongoing N152 million fraud trial involving property developer Olukayode Olusanya.
Prosecuting counsel, CSP Monday Omo-Osagie, made the request before Justice Musa Kakaki through a motion on notice dated November 30, 2025, seeking leave of court to examine the complainant remotely in line with the rules of court.
He informed the court that all parties had been duly served and had filed their respective responses.
The application, he said, is supported by a 13-paragraph affidavit and a written address.
Adopting his submissions, Omo-Osagie urged the court to grant the application, arguing that the affidavit evidence before the court had not been materially controverted and should be deemed admitted.
He also asked the court to discountenance the counter-affidavit filed by the first defendant and to hold that the second defendant failed to properly oppose the application, having filed only a reply on points of law.
In opposition, counsel to the first defendant, Agboola Adeleke (SAN), urged the court to dismiss the application, relying on Section 351 of the relevant law, which he said requires the physical presence of witnesses for examination and cross-examination.
He argued that allowing virtual testimony would undermine the defendants’ right to fair hearing, particularly their ability to observe the witness’s demeanour.
Adeleke further contended that the reasons given for the witness’s absence—his residence abroad and alleged health challenges—were not supported by credible evidence.
“An address of counsel cannot take the place of evidence,” he said, insisting that issues of fact must be proved by admissible evidence.
Counsel for 2nd defendant, Jude Ehiedu, also opposed the application, urging the court to carefully consider the arguments raised in their filings and to uphold established procedural requirements.
After hearing arguments from counsel, Justice Kakaki adjourned the matter to May 12, 2026, for ruling on the application.
Background
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, fraud, 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.