By Bayo Davids
A United States–based engineer, Anthony Ugbebor, may testify remotely in a N152 million property fraud case, as the prosecution has asked a Federal High Court in Lagos to allow his virtual appearance.
At Monday’s proceedings, prosecuting counsel CSP Monday Omo-Osagie filed a motion seeking the court’s approval for Ugbebor to give evidence from the U.S. via electronic means. He told the court that all parties had been served and had responded accordingly.
Omo-Osagie argued that the application, backed by a 13-paragraph affidavit and written submissions, should be granted since the defence had not effectively challenged the facts presented. He urged the court to disregard the counter-affidavit of the first defendant and noted that the second defendant had only filed a reply on points of law, which he said did not sufficiently oppose the request.
He maintained that court rules permit virtual testimony in appropriate situations, especially when a witness is outside the country and unable to attend physically. Denying the request, he added, would delay proceedings and slow down the resolution of the case, stressing that the witness is key to the prosecution’s claims.
According to him, allowing virtual testimony would not prejudice the defence, as they would still be able to cross-examine the witness in real time.
However, counsel to the first defendant, Agboola Adeleke (SAN), opposed the application. He argued that the law requires witnesses to be physically present in court for examination and cross-examination, citing Section 351. He also raised concerns about fair hearing, saying remote testimony would make it harder to properly assess the witness’s demeanour.
Adeleke further questioned the reasons given for the witness’s absence, stating that claims about his residence abroad and health issues were not supported by sufficient evidence.
Counsel to the second defendant, Jude Ehiedu, also opposed the request, urging the court to adhere to established procedures.
After hearing arguments from both sides, Justice Musa Kakaki adjourned the matter to May 12, 2026, to rule on the application.
The case involves Olukayode Olusanya, Chief Executive Officer of Oak Homes Limited, who is standing trial alongside the company on four counts related to conspiracy, fraud, obtaining money under false pretences, and stealing. The charges were filed by the Nigerian Police.
Olusanya and his company were arraigned on November 26, 2024, and pleaded not guilty.
The prosecution alleges that between November 2017 and August 2020, Olusanya and a former sales executive, Lynda Umeh, who is currently at large, collected N152 million from Ugbebor for two three-bedroom apartments at Oak Residence in Victoria Island, Lagos. The properties were supposed to be delivered by February 2019 but were not completed as promised.