SENIOR ADVOCATE SAYS MOVE BY LAGOS STATE TO REINVESTIGATE PENDING CASE IS ABUSE OF COURT PROCESS

Mr. Tayo Oyetibo (SAN), Lead Defence Counsel to a property developer Alex Ochonogor, standing trial before the Lagos State High Court sitting at Tafawa Balewa Square over allegations of forgery and willful destruction of property, has stated that reinvestigating a matter already before the court is an abuse of court process. 

Oyetibo’s reaction followed the decision to adjourn the case in which his client and two lawyers - Ademola Owolabi and Adebayo Akeju - are standing trial jointly for the alleged offences. 

The three defendants were arraigned on a five-count charge bordering on conspiracy to commit forgery, forgery, and willful destruction of property. The charges were filed by the Lagos State Government as Suit Number LD/23611C/2024.

According to the prosecution, the case involves alleged forgery of land documents and the demolition of a property located in the Lekki area of Lagos.

When the matter came up yesterday before Justice Sherifat Sonaike, the Director of Public Prosecution, Dr. Babajide Martins, asked for an adjournment at the instance of the State Attorney General.  

Martins informed the court that the State Attorney General and Commissioner for Justice, Mr. Lawal Pedro (SAN) has directed the police to reinvestigate the matter.

Martins told the court that "The matter is not going on as the AG has directed that the police reinvestigate it. I would like to ask for an adjournment for a couple of months so that the police can carry out the investigation."

While the first defendant's counsel, Dr. Abiodun Layonu (SAN) and the second defendant's counsel, Chief M. A. Bashua (SAN), did not object to the adjournment, the request was vehemently opposed by Oyetibo who called it an oppression and abuse of court process.

His words: "We see this as an oppression. It's an abuse of court process. You cannot file a matter and then now ask the police to reinvestigate it. The case should not have come to the court in the first place if it has not been investigated".

Responding, Martins denied the allegation of oppression and stated that the issue of reinvestigation was instigated by the first defendant.

Oyetibo however countered, saying that "We are not bound by the AG. It is an abuse to arraign them when there is no proof.” 

The trial judge, Justice Sonaike stated that the court was aware that the first defendant's counsel had observed that there was a letter that the case needs to be reinvestigated, though the state said it was unaware of the existence of such letter.

Oyetibo noted that if the first defendant's counsel was aware of the letter but the state was not aware, then there is a problem. He stated that the police have already investigated the case and that trial should commence.

Justice Sonaike adjourned the matter till January 12, 2026, to enable the Police write to the prosecution and for further report.