Justice Serifat Sonaike of the High Court of Lagos State sitting at TBS has adjourned the arraignment of two lawyers, Ademola Owolabi, the managing partner of Ademola Adetokunbo & Co., and Adebayo Akeju, who is a partner in the law firm of Adon Partners, Lagos, as well as a real estate developer, Alex Ochonogor, to November 28.

Ochonogor is the owner and managing director of Bluecrest Homes Limited where Owolabi works as the company secretary.

The adjournment followed the absence of the suspects and their counsel in court yesterday when the matter was called up.

The suspects are facing a five-count charge of conspiracy to commit forgery, forgery, and willful damage to property preferred against them by Lagos State in suit Number LD/23611C/2024.

When the matter was called, the Director of Public Prosecution (DPP) of the Lagos State Ministry of Justice, Dr. Babajide Martins told the court that the Lagos State Attorney-General directed him to call a meeting on the matter. He urged the court to adjourn the matter. Consequently, the court adjourned the matter till November 28, 2024 for arraignment/further report.

Prior to this, a mild drama ensued when the matter was called. The case file was not before the court. it was gathered that the Deputy Chief Registrar had allegedly requested for the file on Friday. As a result, the judge called for it and waited until the file was retrieved.

Meanwhile, in a petition to the Lagos State Attorney-General dated October 11, 2024 and copied to the DPP, a witness, Alao AbdulFatai alleged that officers attached to General Investigation Section (G. I.) of the Force CID Annex, Alagbon, Ikoyi, Lagos invited him to reopen investigation into the matter when it is already before the court.

AbdulFatai, who is also a lawyer, wrote: “When I got there, I was staggered when confronted with the same facts that I had made a statement on and already before the court, which was different from the Letter of Invitation Police sent to me.

“Unfortunately, I had to make a statement on the same issue, under reservation of the unconstitutionality of reinvestigating a matter that is already before the court, the said re-investigation, being on the request of the accused persons.

“This is strange because all over the world, an accused and his lawyers are always happy on shoddy Police Investigation because it gives them the leeway to get exonerated in court. However, in this case, the accused asked police to reinvestigate to exoneration them.

“At the said re-investigation, the talking point of the officers from what I saw was that they were making a case for the accused, meaning that they were either influenced to conduct the investigation that way, or there was a petition to that effect, of which the intention is to intimidate me as a witness, or thwart the matter in court. no petition was shown to me.

“I had written a petition of threat to life against the trio, because I am now in fear of my life and I copied your office. kindly find your copy as attached, most especially that Bayo Akeju has gone to press to libel and defame me by stating in a publication that I have been disbarred.”

Counsel to the nominal complainant, Anthony Omaghomi had also expressed concern that Ochonogor allegedly perfected titles when there was a registered caution on the property. He has consequently asked the Registrar of Title, Lagos State Land Bureau, Alausa, Ikeja to provide him with the outcome of investigation and deregistration of consent “issued to Ochonogor registered as No: 40/40/2525 over all that parcel of land situate, lying and being at Lekki known and referred to as Plot No. 10 Block 133 Lekki Peninsula Residential Scheme 1, Eti-Osa Area of Lagos State of Nigeria containing an Area of approximately 1139.98 Square Meters with Certificate of Occupancy registered as No. 36 at page 36 Volume 1994W.”

The charge reads: “Conspiracy to commit a felony to wit: Forgery contrary to Section 411 of the Criminal Law, Ch. C17, Vol.3, Laws of Lagos State, 2015.

“Particulars of offence: Ademola Owolabi (M), Adebayo Akeju (M), Alex Ochonogor (M) and others (now at large) sometimes in year 2015 at B604, Safe Court Apartments, Ikate, Lekki, Lagos State in the Lagos Judicial Division conspired among yourselves to commit a felony to wit: Forgery.”

In count 2, they were charged with forgery contrary to Section 365 (1) of the Criminal Law, Ch. C17, Vol.3, Laws of Lagos State, 2015. The count reads: “Ademola Owolabi (M), Adebayo Akeju (M), Alex Ochonogor (M) and others (now at large) sometimes in year 2015 at B604, Safe Court Apartments, Ikate, Lekki, Lagos State in the Lagos Judicial Division with intent that it be acted upon as genuine did forge an affidavit of loss of certificate of occupancy purportedly sworn at the Registry of Ministry of Justice, Alausa, Lagos State on 23rd day of September, 2014 to falsely indicate that the original of Certificate of Occupancy Number 36/36/1994W issued to one Hamza Al-Mustapha got missing.”

The suspects were also accused of forging a Demolition Notice Number 0000025 titled “Audit of Illegal structures within Government Schemes Acquisition and Revocation Areas” purportedly issued by the Governor’s Office, Lands Bureau, Directorate of Land Regularisation, Secretariat, Alausa with the intent for it to be acted upon, , contrary to Section 365 (1) of the Criminal Law, Ch.C17, Vol.3, Laws of Lagos State, 2015.

They were again accused of procuring a forged Memorandum of Loss of Certificate of Occupancy purportedly dated September 25, 2014 to falsely indicate that the original of Certificate of Occupancy Number 36/36/1994W issued to one Hamza Al-Mustapha got missing, as well as willfully and unlawfully destroyed a bungalow located on Plot 10, Block 133, Lekki Peninsula Residential Scheme 1, Lagos State, property of one Dr. Obidigwe Eze, who resides abroad.

The background to the charge is that Owolabi and Akeju, both lawyers, allegedly aided Ochonogor to dispossess Eze of his property known as Plot 10 Block 133, Lekki Peninsula Residential Scheme 1, Lagos State.

USP Communications Limited had sold the land to Eze on May 12, 2005, where he erected a bungalow and has been in peaceful possession. Upon alleged invasion of the property by the accused persons, the Police waded in and investigated the root of their title.

The investigation revealed that Owolabi and Akeju had allegedly forged series of documents to establish that the property still belonged to Major Hamza Al-Mustapha, who was the original allottee but had since sold the property in 2002 to Continental Properties who in turn sold to USP Communications.

Relying on the premise of alleged missing title documents to the land, Akeju allegedly approached Al-Mustapha while still in prison on the basis of assisting him in facilitating the sale of the property to Ochonogor.

Al-Mustapha reportedly informed Akeju that he had sold a property in that location, instructing him to confirm from his lawyer, Abdulfatai Thomas to ensure that the property is not the same he had sold. It was alleged that Akeju failed to contact Thomas and also went ahead to concoct documents, demolish Eze’s home and sold the land to Ochonogor.

To join our CITY LAWYER Channel on WhatsApp, click here

To join our Telegram platform, click here 

COPYRIGHT 2022 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on “X” (TWITTER) at https://twitter.com/CityLawyerMag.

To ADVERTISE in CITY LAWYER or for Special Features, please email citylawyermag@gmail.com or call 08138380083.

All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.