Tension erupted at the Lagos State High Court sitting at Tafawa Balewa Square on Monday as a Senior Advocate of Nigeria (SAN), Mr Tayo Oyetibo, accused the Lagos State Attorney-General and Commissioner for Justice, Mr Lawal Pedro (SAN), of abusing the court process in the ongoing trial of businessman, Alex Ochonogor, and two lawyers, Ademola Owolabi and Adebayo Akeju, over allegations of forgery and wilful destruction of property.
The defendants, who are standing trial over alleged forgery of land documents and demolition of a disputed property in the Lekki area of Lagos, had earlier pleaded not guilty to the charges and were granted bail by the trial court.
However, the case took an unexpected turn when the Director of Public Prosecutions (DPP), Dr Babajide Martins, informed Justice Sherifat Sonaike that the matter could not proceed because the Attorney-General had directed the police to reinvestigate the case.
“The matter is not going on today, as the Attorney-General has directed that the police reinvestigate the case.
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LAWAL PEDRO, SAN |
“I request an adjournment for a couple of months to allow the police to carry out the investigation,” Martins told the court.
In a strong objection, Mr Oyetibo, who represents the third defendant, Alex Ochonogor, condemned the directive as a clear abuse of due process and an act of oppression.
He said, “We see this as oppression. It is an abuse of the court process.
“You cannot file a case before the court and then turn around to ask the police to reinvestigate it.
“The case shouldn’t have come before the court in the first place if it had not been properly investigated.”
Although he did not oppose the adjournment request, Oyetibo insisted that the prosecution’s actions were procedurally improper and capable of undermining the integrity of the judicial process.
“The police have already concluded their investigation. If the state was not satisfied, it should have handled that before arraignment, not midway into the trial.”
Responding, Dr Martins clarified that the Attorney-General’s decision to request a fresh probe was prompted by concerns raised by the first defendant’s counsel, Dr Abiodun Layonu (SAN), and denied any suggestion of oppression or abuse.
Justice Sonaike, in her observation, noted that the request for a fresh investigation appeared to have emanated from Layonu’s correspondence, which had suggested the need for a review.
However, the prosecution maintained that it was not aware of the said letter before the Attorney-General’s directive.
Oyetibo, in reaction, expressed concern about the lack of coordination between the prosecution and the defence, stating, “If the defence is aware of a letter calling for reinvestigation whereas the prosecution is not, then there is a problem.”
Justice Sonaike subsequently adjourned the case to January 12, 2026, to enable the police to conclude their reinvestigation and submit a report to the prosecution for further action.
The latest controversy follows a letter dated August 22, 2025, from the Lagos State Ministry of Justice, signed by the Director of the Directorate of Public Prosecutions, Adeshola Adekunle-Bello, instructing the police to reopen the investigation into the allegations.
The DPP’s directive came despite an earlier police report, signed by Deputy Commissioner of Police, Mohammed Dahiru, which exonerated Ochonogor and Owolabi of any wrongdoing.
In the letter, the DPP urged the Assistant Inspector-General of Police, Force Criminal Investigation Department (FCID) Annexe, Ikoyi, to interrogate additional witnesses and reevaluate key documents, citing new developments in the matter.
Among those to be newly interrogated, the ministry listed Dr Obidigwe Eze, the complainant, and Major Hamza Al-Mustapha, former Chief Security Officer to the late Head of State, General Sani Abacha.
The police investigation had found that the disputed property, Block 133, Plot 10, Lekki Peninsula Scheme 1, was originally allocated by the Lagos State Government on July 12, 1994, under Certificate of Occupancy No. 36/361994w to Major Hamza Al-Mustapha.
According to the findings, Ochonogor was introduced to the property in 2015 by a real estate agent, Donatus Eze, who is the Managing Director of Trust Dede and Property Nigeria Limited.
Further investigation by the police revealed that the demolition notice issued on the property was genuine and duly authorised by the Lagos State Government.
Engineer Peter Omotosho of Archbond Builders Limited was said to have confirmed to investigators that the demolition notice was properly signed by him and Mr Bode Agoro, a top official of the Lagos State Lands Bureau.
The notice was also claimed to have been published in The Punch newspaper on September 11, 2009, and signed by Mr Gbenga Ashafa, then Permanent Secretary, Lands Bureau.
The police were also said to have confirmed that the complainant’s deed of assignment was not signed by Major Al-Mustapha or Mr Abdul Fatai Alao Thomas, and that the memorandum of loss was properly registered and not forged.
“The memorandum of loss declaration and affidavit of loss were properly signed by Major Al-Mustapha and were not forged,” the report concluded.
Not satisfied with the initial police findings, Ochonogor and his legal team had petitioned the Commissioner of Police, alleging compromised investigation, abuse of office, and witch-hunting.
Following this petition, the police were said to have conducted a fresh review and reaffirmed that none of the documents tendered were forged and that the demolition of the structure on the disputed land had been duly authorised by state authorities.
#LagosJustice #OyetiboSAN #AlexOchonogor #LawalPedro #LagosHighCourt #RuleOfLaw #Judiciary #ForgeryCase #LekkiLand #NigeriaLaw
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