Alleged Forgery: Court to Hear Lawyer’s Application on June 1

Justice Sherifat Sonaike of the Lagos State High Court in Igbosere has fixed June 1 for the hearing of an application by a lawyer allegedly involved in a forgery case, Ademola Owolabi, seeking to compel the prosecution to include key documents in the Proof of Evidence.

Owolabi was arraigned alongside Adebayo Akeju and Alex Ochonogor by the Lagos State Government over allegations of forgery of land documents and the demolition of a property in Lekki, Lagos.

They pleaded not guilty to the charges and were granted bail by the court.

In the Motion on Notice, the defendant seeks orders compelling the prosecution to regularise and expand its proof of evidence.

Owolabi, in an application brought pursuant to Section 251 of the Administration of Criminal Justice Law, 2015, is urging the court to deem the Additional Proof of Evidence filed on February 2, 2026, as the Proof of Evidence of the Complainant.

The defendant also seeks a court order directing the Complainant/Respondent to file additional Proof of Evidence, including materials he has filed.

The application is based on claims that the prosecution failed to disclose key materials pertinent to the case.

Owolabi averred that the Complainant, on June 16, 2025, informed the court that it received another Police Investigation Report from the Police but allegedly failed to file it.

He further stated that the Complainant did not file several essential documents, such as Police Investigation Reports, the Nominal Complainant’s Petition, and statements made to the Force Criminal Investigation Department.

The applicant argued that it is the duty of the prosecution to either file these documents as additional proof of evidence or adopt those already compiled and filed by the defence.

In a nine-paragraph affidavit personally deposed to by Owolabi, the defendant maintained that the prosecution withheld crucial materials despite having them in its possession.

He added that several witness statements were also omitted, including those of Abdulfatai Alao Thomas, Engr. Peter Toyin Omotosho, Adebayo Akeju, and Muyiwa Kayode.

The deponent further averred, “The Complainant did not file the Investigation Report of the Police dated November 13, 2023,” as well as correspondence and demolition notices relevant to the case.

Owolabi alleged that the omission was deliberate, asserting that, “The Complainant refused to file these documents because they are exculpatory material that favour him.”

He told the court that the defence had already compiled and filed the documents as additional proof of evidence and served all parties.

“It is in the interest of justice that this application be granted, and… the complainant will not be prejudiced,” he added.

In the accompanying written address, the defence argued that the application is necessary to guarantee a fair hearing, relying on Section 36(6)(b) of the Constitution.

Counsel submitted that “this is a criminal trial in which the freedom of the 1st Defendant is at stake,” emphasising the right of an accused to adequate facilities to prepare a defence.

The defence listed several documents it considers vital, including police reports, petitions, witness statements, and letters related to the disputed demolition.

It argued that some of the documents contradict the prosecution’s claims, noting, for instance, that: “the demolition notice… alleged was forged—was actually signed by Engr. Peter Omotosho and Bode Agoro.”

The application also cited Supreme Court authorities, emphasising that the prosecution must disclose all evidence, including evidence favourable to the accused.

Quoting one authority, the defence stated, “It is the duty of the prosecution to put all the facts at its disposal before the Court and not to hide any fact.”

The defence urged the court to grant the application because the documents are relevant, are already in the prosecution’s custody, and are necessary for a fair trial.

Justice Sonaike subsequently adjourned the matter to June 1, 2026, for the hearing of the application and for
Alleged Forgery: Court to Hear Lawyer’s Application on June 1