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By Bayo Davids
A Federal High Court in Lagos has ordered the prosecution in the alleged N152 million fraud case involving Oak Homes Limited and its Chief Executive Officer, Olukayode Olusanya, to produce all its witnesses at the next adjourned date.
Justice Musa Kakaki gave the directive on Monday after listening to arguments from both sides over an application by the prosecution seeking to conduct proceedings virtually. The judge subsequently fixed April 20, 2026, for continuation of trial.
Olusanya, who was present in court, stepped into the dock when the case was called.
The prosecution counsel, CSP Monday Omo-Osagie, informed the court that the matter was set down for continuation of hearing and that a Motion on Notice had already been filed in compliance with an earlier directive permitting the prosecution to seek virtual proceedings.
“The prosecution is ready to move the application, subject to the convenience of the court, and the defendants have been duly served,” Omo-Osagie said.
But defence counsels Benson Nwosu and Jude Ehiedu, representing the first defendant, objected, telling the court he had not been served with the application. He recalled that on October 28, 2025, the court granted the prosecution 14 days to file and serve the process, with another 14 days for the defence to respond.
“This application is new to me. I am just hearing about it for the first time,” Nwosu said.
Counsel to the second defendant, Jude Ehiedu, took the same position, maintaining that he was unaware of any such application despite the court’s earlier directive.
“The same position applies to the second defendant. On the last adjourned date, the court directed that we be served, but I have not received any application,” he said.
He added, “I thought the prosecution had abandoned the application. I am ready for a physical trial, having not been served with any process for virtual hearing,”Ehiedu said.
In response, Omo-Osagie insisted that the prosecution complied fully with the court’s order, stating that the application was filed on November 4, 2025, and served that same day.
“We complied with the court’s order within the 14 days. The Motion on Notice was filed at the registry on November 4, 2025, and by 2:15 p.m. on the same day, it was served on the defendants,” he said.
He further explained that service on the first defendant was effected at his office and acknowledged by one Mr Gabriel Aaron. Expressing concern that the process was not found in the court’s file, the prosecutor said: “We are surprised that the application is not in the court’s file. This is the second time we are making this application. The first time, the court directed administratively, and on the last adjourned date, the court specifically directed that the application be filed, which we complied with,” Omo-Osagie said.
“I urge my lord to discountenance the defence’s arguments. They have been served, and I have proof of service.”
In a short ruling delivered from the bench, Justice Kakaki observed that there was no proof of service before the court. However, he declined the defence’s request to compel the prosecution to close its case for lack of diligent prosecution. Instead, he adjourned the matter to April 20, 2026, and directed the prosecution to ensure all witnesses are present and ready to testify on that date.
Olusanya and Oak Homes Limited are facing a four-count charge filed by the Nigerian Police Force bordering on conspiracy, obtaining money by false pretence, fraud and stealing. They were arraigned on November 26, 2024, and pleaded not guilty.
According to the charge, between November 8, 2017, and August 4, 2020, Olusanya and the company’s former Head of Sales and Marketing, Ms. Lynda Umeh, who is said to be at large, allegedly obtained N152 million from a Nigerian-American engineer, Mr. Anthony Ugbebor.
The prosecution alleged that the money was collected under the guise of selling two three-bedroom apartments at Oak Residence, Victoria Island, Lagos, with a promised completion date of February 28, 2019, which was allegedly not fulfilled.