Alleged land fraud: Court orders substituted service on defendants

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He also confirmed that the third and fourth defendants, both corporate entities, had not been served.

Adesina further drew the court’s attention to preliminary objections filed on February 9 and 10, urging the court to quash the charge on the grounds that the investigation into the matter had not been concluded before the filing of the criminal information.

Director of Public Prosecutions, Dr Babajide Martins, opposed the objections, insisting that under the Administration of Criminal Justice Law (ACJL) of Lagos State, a preliminary objection cannot be used to stall criminal proceedings.

He argued that such objections must be taken alongside the substantive charge and not separately, as canvassed by the defence.

The DPP also countered the claim of incomplete investigation, stating that the Office of the Attorney-General of Lagos State is not bound to rely solely on police investigation before initiating criminal proceedings.

On the issue of service, Martins told the court that attempts to serve the second defendant had failed due to her absence from the country, while several efforts to serve the third and fourth defendants at their registered office addresses had also proved unsuccessful, as the companies were not operating from those locations.

He therefore urged the court to grant an earlier ex parte application seeking leave to serve the unserved defendants through substituted means, specifically by publication in a national newspaper.

After listening to submissions from both parties, Justice Dada granted the application and ordered that the second, third and fourth defendants be served through substituted service.

The judge adjourned the matter till April 8 for further hearing.

In the charge marked ID/26330C/2025, the defendants are accused of conspiring to commit forgery, an offence contrary to Section 411 of the Criminal Law of Lagos State, 2015.

According to the charge, the defendants allegedly forged the signature of Rashid Huthman, Chairman and Director of Complete Leisure Estates Limited, on a Deed of Assignment dated November 16, 2020.

The said deed was purportedly executed between Complete Leisure Estates Nigeria Limited and Ambulatory Surgery Center of Lagos Limited, an offence punishable under Section 365(3) of the Criminal Law of Lagos State.

The state claimed that the defendants fraudulently sold a 1.018-hectare parcel of land situated along Aja–Epe Road, Lekki sub-region, off Monastery Road, Lagos, to Ambulatory Surgery Center of Lagos Limited, despite allegedly lacking lawful authority to do so.

In addition, the first defendant, Olabanji Oreagba, is solely accused of making false statements to a public officer with the intent to mislead, contrary to Section 96 of the Criminal Law of Lagos State.

The charge further alleged that Oreagba represented himself as a Director of Trocadero Property and Investments Limited to police officers at the Zone II Command Headquarters, Onikan, Lagos.