Lagos High Court Dismisses Application to Halt Prosecution in Lekki Land Forgery Dispute
The Lagos State High Court has dismissed an application filed by legal practitioner Ademola Owolabi, principal of Ademola Adetokunbo & Co., seeking to restrain his criminal prosecution in connection with an alleged forgery and property dispute over a parcel of land in Lekki Phase I, Lagos.
Delivering judgment, Justice Olalekan Oresanya held that the legality of the Attorney-General’s legal advice recommending criminal charges could not be determined through judicial review proceedings. Instead, such issues must be ventilated during the pending criminal trial. The court emphasised that:“The issues raised by the applicant as to the propriety or otherwise of his indictment vide the legal advice(s) issued by the respondent can only be resolved by credible evidence at a plenary trial before the court.”
This ruling clears the path for the ongoing criminal trial of Owolabi, Alex Ochonogor (Managing Director of Bluecrest Homes Limited), and Adebayo Akeju (principal of Adon Partners), before Justice Sherifat Sonaike of the Lagos State High Court.
The defendants face a five-count charge bordering on conspiracy to commit felony, forgery of land-related documents, and willful damage to property, contrary to the Criminal Law of Lagos State.
The dispute concerns a 1,139-square-metre parcel of land at Block 133, Plot 10, Lekki Phase I, with rival ownership claims.
The prosecution alleges that documents such as an affidavit of loss, memorandum of loss, and demolition notice were fraudulently deployed to obtain a replacement Certificate of Occupancy (C of O) and facilitate subsequent transactions.
The case originated from a petition by Dr. Obidigwe Eze, who claims ownership of the land and reported irregularities to the Force Criminal Investigation Department (FCID), Alagbon.
In his application, Owolabi’s arguments maintained that he acted merely as a solicitor, conducted due diligence at the Lagos State Lands Registry, and was initially treated as a witness during police investigations.
He contended that the Attorney-General acted unlawfully by recommending his prosecution despite the absence of criminal findings against him.
He sought to set aside two legal advice documents issued by the Directorate of Public Prosecutions (DPP) in January 2024, which recommended his prosecution alongside others.
Opposing the application, the Attorney-General of Lagos State argued that prosecutorial authorities have constitutional powers to independently assess evidence and determine whether criminal proceedings should be instituted, regardless of police recommendations.
The state insisted that the issues raised by Owolabi were matters for determination during the criminal trial, not judicial review.
While dismissing the application, Justice Oresanya clarified that judicial review is limited to examining the legality of administrative decision-making processes. It does not extend to evaluating the merits of criminal allegations or the sufficiency of evidence.
Since criminal proceedings arising from the Attorney-General’s advice were already pending before a court of coordinate jurisdiction, granting the application would interfere with those proceedings.
Having found no merit in the application, the court dismissed the suit, thereby allowing the criminal trial against Owolabi, Ochonogor, and Akeju to proceed.
