Justice Akingbola George of the Lagos State High Court sitting at Tafawa Balewa Square on Monday issued a stern warning to the Economic and Financial Crimes Commission, threatening to foreclose its right to cross-examine a key witness, a property developer, Mr Olukayode Olusanya, and his company, Oak Homes Limited, in an ongoing property dispute involving N152m.

The matter, instituted in Suit No: LD/4471LM/2023, was brought before the court by the claimants, Olukayode Olusanya, and his company, Oak Homes Limited, against Mr Anthony Ugbebor, a Nigerian-American engineer (first defendant), and the EFCC (second defendant), concerning the alleged property transaction.

At the last adjourned date on June 20, 2025, Olusanya, a property developer and Chief Executive Officer of Oak Homes Limited, gave evidence before the court.

He admitted that his company failed to deliver two units of three-bedroom apartments at Oak Residence, Victoria Island, to the first defendant, Ugbebor, as agreed.

Olusanya further testified that the said apartments were subsequently sold on the instructions of the EFCC.

When asked during cross-examination by the first defendant’s counsel, N. Nasiru, whether the first defendant had authorised the sale, Olusanya responded in the negative.

However, he claimed to have received authorisation from the EFCC. He also informed the court that he had intended to refund the sum of N152m to the first defendant, following the EFCC’s directive.

Following this testimony, the EFCC’s counsel, Mr. M.A. Sheu, who was scheduled to cross-examine the witness, sought an adjournment on the grounds of ill health and insufficient time to review the case file.

The matter was then adjourned to June 30, 2025, for continuation of trial.

At the resumed proceedings on Monday, the EFCC’s counsel, Mr. E.S. Okondu, informed the court of his inability to proceed fully with the cross-examination.

He explained that he had only just been notified of the case and was not seized of the facts nor in possession of the case file.

“I was at the Federal High Court for another matter when I was informed of this morning of this case. I concluded proceedings there and rushed down here.

“This is my first time appearing in this matter. I apologise sincerely to Learned Silk and my learned friend for the first defendant,” Okondu told the court.

He added that the only document available to him was a two-page statement of defence, which he obtained shortly before the court commenced sitting.

He reiterated that he was merely standing in for the counsel on record and was unaware of the latter’s whereabouts or reasons for absence.

Okondu said, “I was just informed this morning, I am not seised of the facts of the case. I am not even with the case file.

“I was at the Federal High Court for a matter when I was informed. I had to quickly finish and rush down here.

“This is my first time coming to this court, I am not one to delay proceedings, I sincerely apologise to the learned silk and my colleague for the first defendant.

‘When I came in earlier before the court started sitting, I reached out to a counsel, this is the statement of defence I have with me, two pages. I am just standing in for the counsel on record. I don’t know why he did not come.

“I don’t know his schedule for the day, and I don’t know why he is not in court.

In response, Learned Silk, Mr Adeleke Agboola (SAN), representing the claimant, urged the EFCC’s counsel to be forthright in his request for an adjournment.

“Counsel should be direct in asking for an adjournment. I will not be asking for cost because he is not the direct counsel.

“My Lord, I want to say that if at the next adjournment he doesn’t cross-examine the witness, I will be asking for cost”, Agboola said.

Counsel for the first defendant, Mr I.B. Mamuhood, stated that he would not object should the EFCC request an adjournment.

Subsequently, Okondu formally applied for an adjournment to a date in July, subject to the convenience of the court.

While granting the application, Justice George adjourned the matter to July 8, 2025. However, he issued a clear warning that the EFCC’s failure to conduct the cross-examination of Olusanya on the next adjourned date would result in a foreclosure of its right to do so.