N152m fraud: Court admits offer letter as evidence in Oak Homes trial

…Fixes Dec. 3 for ruling on virtual proceedings

By Vivian Okejeme

Justice Musa Kakaki of the Federal High Court in Lagos has admitted a February 5, 2024 offer letter as evidence in the ongoing N152 million fraud trial of property developer Olukayode Olusanya and his company, Oak Homes Limited.

However, the court rejected three other documents dated January 10, January 11, and December 15, 2024, ruling that they were uncertified photocopies whose original locations were not explained by the witness who attempted to tender them.

Justice Kakaki subsequently adjourned the case until December 3, 2026, for a ruling on a prosecution motion seeking permission to conduct proceedings virtually due to the complainant’s health.

The evidentiary ruling followed objections raised during proceedings on July 20, 2026, when prosecuting counsel attempted to tender the documents through the nominal complainant, Anthony Ugbebor.

Addressing the defense team’s objections, Justice Kakaki noted that the witness had failed to explain why the originals of the three rejected documents were unavailable.

Conversely, the judge dismissed defense objections regarding the February 5 offer letter, holding that non-authorship does not bar admissibility under applicable evidentiary rules.

Following the ruling on the documents, prosecuting counsel, Chief Superintendent of Police Monday Omo-Osagie, moved to hear an interim application requesting virtual testimony for the complainant on health grounds.

Defence counsel raised multiple preliminary objections regarding the application and the prosecutor’s standing.

Senior Advocate of Nigeria Adeleke Agboola, representing the first defendant, informed the court that he had received information suggesting Omo-Osagie had retired from the Nigeria Police Force and questioned whether he was appearing under a formal fiat.

Agboola also argued that his law office was not directly served with the application.

Counsel for the second defendant, Jude Ehiedu, similarly asked for clarification regarding the prosecutor’s status and argued that the virtual hearing request constituted an abuse of court process, as the court had previously rejected a similar request.

In response, Omo-Osagie affirmed that he remains a serving police officer until issued an official certificate of discharge.

He explained that the current application, filed on September 21, 2026, focuses specifically on the complainant’s medical condition, making it distinct from a previously dismissed application that sought virtual testimony based on the witness’s foreign residency.

When the application was initially missing from the court file, Omo-Osagie conducted a search at the registry, confirming it had been received and signed for by court staff before presenting a duplicate copy to the judge.

Countering the motion, defence counsel Benson Nwosu argued that the prosecution should either appeal the court’s earlier June 23, 2026 decision or close its case if the primary witness cannot appear in person.

In earlier testimony delivered on July 20, Ugbebor told the court that he entered into a property transaction with Olusanya in November 2017 for two second-floor flats valued at N190 million.