A Senior Advocate of Nigeria, Mr. Tayo Oyetibo, today, accused the Lagos State prosecution of oppression and abuse of the court process in the ongoing trial of two legal practitioners, Ademola Owolabi and Adebayo Akeju, along with a property developer, Alex Ochonogor, before the Lagos State High Court sitting at Tafawa Balewa Square.
The three defendants were arraigned before the court over their alleged involvement in forging land documents and demolishing property in the Lekki area.
The defendants had pleaded not guilty to the charge, and they were granted bail by the trial judge.
When the case was called before Justice Sherifat Sonaike, the Director of Public Prosecutions, Dr Babajide Martins, informed the court that the matter would not proceed, as the Attorney General had directed the police to reinvestigate the case and therefore requested an adjournment.
Martins stated, “The matter is not going on, as the AG has directed that the police reinvestigate the matter. I want to ask for an adjournment for a couple of months so that the police can carry out the investigation.”
However, Oyetibo (SAN), counsel for the third defendant, Alex Ochonogor, opposed the prosecution’s position, describing it as a violation of due process. He stated, “We see this as oppression. It is an abuse of the court process. You can not file a matter and then ask the police to reinvestigate it.”
Oyetibo continued, “The case shouldn’t have come before the court in the first place if it had not been properly investigated.” While he did not object to the adjournment itself, he insisted that the prosecution’s actions were improper and noted that the police had already conducted an investigation into the matter.
Responding, Dr. Martins said that the decision to reinvestigate followed concerns raised by the first defendant’s counsel and denied any claims of oppression.
He stated that the request for reinvestigation was prompted by the first defendant’s counsel, Dr Abiodun Layonu (SAN), and asserted that no oppression was involved.
Meanwhile, Justice Sonaike noted that the request for reinvestigation originated from Layonu, who had previously informed the court about a letter suggesting the need for further inquiry; however, the prosecution claimed it was unaware of such correspondence. Oyetibo countered that if the defence was aware of the letter and the prosecution was not, “then there is a problem.” He maintained that the police had already reinvestigated the case.
Counsel for the first and second defendants, Layonu and M.A. Bashua (SAN), also did not oppose the adjournment.
Following the exchanges, Justice Sonaike adjourned the matter to January 12, 2026, to allow the police to communicate with the prosecution and submit a further report.
Earlier, the Lagos State Ministry of Justice had requested that the police conduct further investigations into allegations of forgery and willful property damage against Alex Ochonogor and his lawyer, Ademola Owolabi. This request followed a second police report signed by Deputy Commissioner of Police, Mohammed Dahiru, which exonerated Ochonogor and Owolabi of any wrongdoing
In a letter dated August 22, 2025, and signed by Adeshola Adekunle-Bello, Director of the Directorate of Public Prosecutions, the Ministry requested that the police reopen the case by interrogating additional witnesses and reevaluating key documents.
The letter was addressed to the Assistant Inspector General of Police at the Force Criminal Investigation Department Annexe in Ikoyi.
The Ministry specifically requested that the investigation team interrogate key witnesses, including Dr Obidigwe Eze and Major Hamza Al-Mustapha, based on new developments in the case.
The real estate developer was arraigned last week before a Lagos State High Court in Tafawa Balewa Square alongside two lawyers, Ademola Owolabi and Adebayo Akeju, regarding their alleged involvement in forging land documents and demolishing property in the Lekki area.
The defendants have pleaded not guilty to the charges and were granted bail by the trial judge.
However, not satisfied with the first police report that led to the indictment, Ochonogor and his lawyer filed a petition with the Commissioner of Police, alleging compromised investigation, abuse of public office, shoddy investigation, and witch-hunting.
The police report, which has already been forwarded to the Lagos State Directorate of Public Prosecution for necessary action, found that none of the documents were forged and that the demolition of the structure on the disputed land had been authorised by the relevant government agency and officials.
Some findings from the investigation include: “On July 12, 1994, the Lagos State Government, by a Certificate of Occupancy registered as 36/361994w, allocated a parcel of land known and described as Block 133, Plot 10, Lekki Peninsula Scheme 1 to Major Hamza Al-Mustapha, who was then the Chief Security Officer to General Sani Abacha, the Head of State.”
Some of the investigation’s findings are: “That on 12th July, 1994, Lagos State Government, by a Certificate of Occupancy registered as 36/361994w, allocated a Parcel of Land known and described as Block 133, Plot 10, Lekki Peninsula Scheme 1 to Major Hamza Al-Mustapha, who was then the Chief Security Officer (SO) to Gen. Sanni Abacha, then Head of State.
“That Mr Alex Ochomogor was introduced to the property at Block 133, Plot 10, Lekki Phase 1, Lagos through Agent, Donatus Eze, a Managing Director of Trust Dede and Property Nigeria Limited of Plot 6, Udeco Road, Off Chevron Drive, Lekki, Lagos on 3rd of March, 2015.
“That Engineer Peter Omotosho of Archbond Builders Ltd confirmed to the police that the demolition notice was properly signed by himself and Mr Bode Agoro of Lagos State, and therefore it is not a forged document.
“The Demolition Notice was also published by Lagos State Government in Punch Newspaper on 11th September 2009 and duly signed by Mr Gbenga B. Ashafa, Permanent Secretary, Lands Bureau, Lagos State Government.
The police confirmed that the (complainant) Dr. Obidigwe Eze’s deed of assignment was not signed by Major Hamza Al-Mustapha and Mr Abdul Fatai Alao Thomas. This means that the document was forged.
The Registrar of Titles in Lagos State confirmed to the police that the memorandum of loss was registered correctly and, therefore, it was not forged.
“The police confirmed that the memorandum of loss declaration and affidavit of loss were properly signed by Al-Mustapha, and therefore, they were not forged.”
