Court adjourns arraignment of two lawyers, businessman accused of forgery, damage to property Nov 28

Ademola Owolabi

Justice S.I. Sonaike of the Lagos High Court, 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 a law firm called 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 is also the company secretary.

The adjournment followed the absence of the suspects and their counsel in court on Monday, when the matter was called before justice Sonaike.

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

When the matter was called, the Director of Public Prosecution (DPP) of the Lagos ministry of Justice, Dr Babajide Martins announced his appearance. He told the court that the AG directed him to call a meeting on the matter. He said in view of the directive, the court should adjourn the matter.

Consequently, the court adjourned the matter till November 28, 2024 for arraignment/further report from the DPP office. Prior to this, a mild drama ensued when the matter was called. The case file was not before the court. This reporter gathered that the Deputy Chief Registrar requested for it on Friday. As a result, the judge called for it and waited until it was retrieved.

Meanwhile, while the defendants have refused to appear in court for arraignment in previous dates, instead they petitioned the Attorney General of Lagos to discontinue the charge and also induced the Police to re-investigate the case which is already in court.

In addition, the defendants are also intimidating the complainant’s witness through the Police.

In a petition to the AG dated October 11, copied to the DPP, the witness, Alao AbdulFatai explained that officers attached to General Investigation Section (G.I) of the Force CID Annex, Alagbon, Ikoyi Lagos invited him surreptitiously into the unconstitutional act of fresh interrogation on a matter before the court.

He mentioned the officers who interrogated him as CP. Ronke Okunade Nurat, CSP. Olatunbosun Olawale and

Inspr. Suleiman Umaru.

AbdulFatai, who is 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.”

This reporter gathered that the Principal Secretary to the President of Nigeria, Hakeem Muri-Okunola, popularly called HMO, is the one pulling the strings from Abuja to aid the accused persons to evade justice, although HMO had vehemently denied the allegation too.

Counsel to the complainant, Anthony Omaghomi had also expressed concern that Ochonogor 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, Lagos State 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.”

According to charge against the trio, the statement of offence in count one says: “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 offfence states: “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.

“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.

Also, contrary to Section 365 (1) of the Criminal Law, Ch.C17, Vol.3, Laws of Lagos State, 2015, the suspects were 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.

They were also accused of procuring a forged Memorandum of Loss of Certificate of Occupancy purportedly dated September 25, 2014 to falsely indicate that original of Certificate of Occupancy Number 36/36/1994W issued to one Hamza Al-Mustapha Certificate got missing as well as willfully and unlawfully destroying a bungalow located on Plot 10, Block 133, Lekki Peninsular 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 materially aided Ochonogor a businessman, in dispossessing Dr Eze of his property known as Plot 10 Block 133, Lekki Penninsula Residential Scheme 1, Lagos State.

USP Communications Limited sold the land to Dr Eze in May 12, 2005, where he erected a bungalow and has been in peaceful possession.

Upon invasion of the property by the accused persons for land grabbing purposes, the Police waded in and investigated the root of their title.

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

Relying on the premise of alleged missing title documents to the land, Akeju allegedly approached Major Hamza Al-Mustapha, while still in Prison, on the basis of assisting him in facilitating the sale of the property to Ochonogor, who had indicated interest in purchasing the land and provided funding for all the false documentation, forgeries and demolition of Dr Eze's home.

Al-Mustapha reportedly informed Akeju that he has 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, but the suspect did not contact Thomas as instructed. He went ahead to concoct documents, demolished Dr Eze’s home and sold the land to Ochonogor, who immediately began construction against court injunction to stop.