Prosecutors Request Virtual Testimony in Major Fraud Case
Prosecutors have approached the Federal High Court in Lagos with a request for Nigerian-American engineer Anthony Ugbebor to provide virtual testimony from the United States in the ongoing fraud trial involving real estate developer Olukayode Olusanya, who is accused of defrauding Ugbebor of N152 million.
During the proceedings on Monday, lead prosecuting attorney CSP Monday Omo Osagie submitted a motion dated November 3, 2025, to Justice Musa Kakaki. Omo Osagie sought an adjournment to cross-examine the complainant remotely, in compliance with the court’s regulations. He confirmed that all parties involved had been properly informed and had submitted their responses accordingly.
Omo Osagie supported his application with a detailed affidavit consisting of 13 paragraphs, along with a written address outlining his case. He urged the court to consider that the sworn testimony already presented was largely unchallenged and should be considered admitted.
Highlighting the defendants’ filings, Omo Osagie requested the court to disregard the counter-affidavit submitted by the first defendant, asserting that the second defendant merely addressed legal points without adequately opposing the application. Additionally, he cited the court’s guidelines, which allow for electronic testimonies when witnesses are unable to attend in person due to jurisdictional constraints.
Omo Osagie argued that rejecting this application would unnecessarily prolong the proceedings and hinder the timely delivery of justice, particularly since the witness’s testimony is pivotal to the prosecution’s case. He assured the court that robust safeguards exist to protect the rights of the defendants during virtual testimonies, emphasizing that they would still have ample opportunities for real-time cross-examination.
Conversely, the first defendant’s attorney, Mr. Agboola Adeleke (SAN), countered the application, asserting that the physical presence of witnesses is mandated under Section 351 of the relevant Act for examination and cross-examination. He contended that permitting virtual testimony would infringe upon the defendants’ rights to a fair hearing, particularly concerning their ability to observe the witnesses’ demeanor.
Echoing these concerns, Mr. Jude Ehiedu, representing the second defendant, urged the court to weigh the arguments presented critically and adhere to established procedural standards. He emphasized the need for credible evidence to substantiate the reasons behind the witness’s absence, which were cited as residing abroad and facing health issues.
After considering the arguments from both sides, Justice Kakaki adjourned the case until May 12, 2026, to deliver a ruling on the application. Olukayode Olusanya, the chief executive officer of Oak Homes Limited, faces trial alongside the company on four counts, including conspiracy, false pretenses, fraud, and theft, as initiated by the Nigeria Police Force.
The defendants were arraigned on November 26, 2024, and have pleaded not guilty to all allegations. Prosecutors claim that between November 8, 2017, and August 4, 2020, Olusanya, along with the company’s former sales and marketing manager Linda Ume—who is currently a fugitive—defrauded Ugbebor of N152 million. The indictment asserts that these funds were obtained under the guise of selling two three-bedroom apartments at Oak Residences in Victoria Island, Lagos, with a promised delivery date of February 28, 2019, which was allegedly not fulfilled.
