Wale Igbintade
Justice Olalekan Oresanya of the Lagos State High Court has dismissed an application filed by legal practitioner, Ademola Owolabi, principal of Ademola Adetokunbo & Co., seeking to halt his criminal prosecution over a disputed property in Lekki Phase I, Lagos.
The judge held the legality of the Lagos State Attorney-General’s legal advice recommending criminal charges could not be determined through judicial review proceedings but should instead be addressed in the pending criminal trial.
The ruling clears the way for the ongoing prosecution 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 are facing 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. They have pleaded not guilty.
According to the prosecution, the charges stem from a dispute over a 1,139-square-metre parcel of land at Block 133, Plot 10, Lekki Phase I, where rival ownership claims have been made.
The prosecution alleged that documents, including an Affidavit of Loss, Memorandum of Loss, and Demolition Notice, were used in obtaining a replacement Certificate of Occupancy and facilitating subsequent transactions relating to the property.
The case arose from a petition by Dr. Obidigwe Eze, who claims ownership of the land. Eze petitioned the Force Criminal Investigation Department (FCID), Alagbon, alleging irregularities in the replacement of the Certificate of Occupancy. His petition led to a police investigation and legal advice from the Lagos State Directorate of Public Prosecutions (DPP).
In his application, Owolabi maintained that he acted solely as a solicitor in the transaction, conducted due diligence at the Lagos State Lands Registry, and was treated as a witness throughout the police investigation.
He further argued that the Attorney-General acted unlawfully by recommending his prosecution despite the absence of any criminal findings against him during the investigation.
Court records showed that the DPP initially issued legal advice on January 3, 2024, recommending the prosecution of Major Hamza Al-Mustapha, Alex Ochonogor, Adebayo Akeju, and Ademola Owolabi.
However, a subsequent legal advice dated January 18, 2024, excluded Al-Mustapha while retaining the other three defendants.
Owolabi consequently sought orders setting aside both legal advice documents, arguing that the Attorney-General ought to have been guided by the outcome of the police investigation and that the decision to prosecute him was unlawful.
The Lagos State Attorney-General opposed the application, arguing that prosecutorial authorities have the constitutional power to independently assess available evidence and determine whether criminal proceedings should be instituted, irrespective of police recommendations.
The state further contended that the issues raised by Owolabi were matters for determination during the criminal trial.
In dismissing the application, Justice Oresanya held that judicial review is concerned with examining the legality of administrative decision-making processes, not the merits of criminal allegations or the sufficiency of the evidence supporting them.
The court noted that criminal proceedings arising from the Attorney-General’s legal advice are already pending before Justice Sherifat Sonaike and held that any challenge to the legal advice or the defendants’ indictment should be determined by the trial court.
Justice Oresanya further held that granting the application would amount to interfering with proceedings before a court of coordinate jurisdiction.
The judge stated: “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.”
Having found no merit in the application, the court dismissed the suit, thereby allowing the criminal trial against Owolabi, Ochonogor, and Akeju to proceed.