A Lagos State High Court has dismissed an application filed by legal practitioner Ademola Owolabi seeking to halt his criminal prosecution over an alleged forgery and disputed property transaction involving land in Lekki Phase I, Lagos.
Justice Olalekan Oresanya, while delivering judgment, ruled that the validity of the Lagos State Attorney-General’s legal advice recommending criminal charges could not be determined through judicial review proceedings. According to the court, such matters can only be resolved during the substantive criminal trial through the presentation of evidence.
“The issues raised by the applicant regarding the propriety of his indictment can only be resolved by credible evidence at a full trial before the court,” the judge stated.
The ruling clears the way for the ongoing trial of Owolabi alongside 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 three defendants are facing a five-count charge involving alleged conspiracy to commit felony, forgery of land documents, and willful destruction of property under the Criminal Law of Lagos State. They have all pleaded not guilty to the charges.
The prosecution said the case centers on a disputed 1,139-square-metre parcel of land located at Block 133, Plot 10, Lekki Phase I, where competing ownership claims have surfaced.
Investigators alleged that documents including an affidavit of loss, a memorandum of loss, and a demolition notice were used to secure a replacement Certificate of Occupancy and facilitate further dealings related to the property.
The legal dispute followed a petition by Dr. Obidigwe Eze, who claims ownership of the land. Eze had approached the Force Criminal Investigation Department in Alagbon, alleging irregularities in the replacement process of the Certificate of Occupancy, which subsequently triggered a police investigation and legal advice from the Lagos State Directorate of Public Prosecutions.
Owolabi, in his application, argued that he only acted as a solicitor in the transaction and carried out due diligence through the Lagos State Lands Registry. He also maintained that investigators treated him as a witness during the police inquiry.
He further claimed that the Attorney-General acted unlawfully by recommending criminal charges despite what he described as the absence of any criminal findings against him during investigations.
Court records showed that an earlier legal advice issued on January 3, 2024, had recommended the prosecution of Maj. Hamza Al-Mustapha alongside Owolabi, Ochonogor, and Akeju. However, a subsequent legal opinion dated January 18 removed Al-Mustapha’s name while retaining the other three defendants.
Owolabi therefore urged the court to set aside both legal advice documents, arguing that prosecutorial decisions should have aligned with the police investigation findings.
However, the Lagos State Attorney-General opposed the application, insisting that prosecutorial authorities possess constitutional powers to independently assess available evidence and determine whether criminal proceedings should be initiated.
Justice Oresanya agreed, emphasizing that judicial review is limited to assessing the legality of administrative decisions and cannot be used to examine the strength of criminal allegations or evidence.
The judge further noted that granting the request would interfere with an already pending criminal case before a court of equal jurisdiction.
Finding no merit in the application, the court dismissed the suit and paved the way for the criminal proceedings against Owolabi, Ochonogor, and Akeju to continue.
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