Lead defence counsel, Mr. Tayo Oyetibo, SAN, has described as an abuse of court process the directive by the Lagos State Attorney General for the police to reinvestigate a matter already pending before the court.
Oyetibo, who represents property developer Alex Ochonogo, made the remark on Monday during the hearing of a criminal case before Justice Sherifat Sonaike of the Lagos State High Court, Tafawa Balewa Square.
Ochonogo and two lawyers — Ademola Owolabi and Adebayo Akeju — are standing trial on a five-count charge bordering on conspiracy to commit forgery, forgery, and willful destruction of property. The charges were filed by the Lagos State Government under Suit No. LD/23611C/2024.
According to the prosecution, the defendants allegedly forged land documents and demolished a property located in the Lekki area of Lagos State.
At Monday’s proceedings, the Director of Public Prosecutions (DPP), Dr. Babajide Martins, informed the court that the Attorney General and Commissioner for Justice, Mr. Lawal Pedro, SAN, had directed the police to reinvestigate the matter.
“The matter is not going on as the AG has directed that the police reinvestigate it. I would like to ask for an adjournment for a couple of months so that the police can carry out the investigation,” Martins told the court.
While counsel to the first and second defendants, Dr. Abiodun Layonu, SAN, and M. A. Bashua, SAN, did not oppose the application for adjournment, Oyetibo strongly objected to the move, describing it as oppressive.
He said:
“We see this as an oppression. It’s an abuse of court process. You cannot file a matter and then now ask the police to reinvestigate it. The case shouldn’t have come to court in the first place if it had not been investigated.”
Dr. Martins, however, denied any allegation of oppression, explaining that the request for reinvestigation was instigated by counsel for the first defendant.
Justice Sonaike noted that the court was aware of a letter suggesting the need for reinvestigation, but the state had earlier claimed it was unaware of such correspondence.
Oyetibo maintained that since the police had already investigated the case, the proper step was to proceed with trial.
Consequently, Justice Sonaike adjourned the matter till January 12, 2026, to enable the police to communicate further with the prosecution and file an updated report.
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