Court Rejects Bid to Set Aside Attorney-General’s Legal Advice in Bluecrest, Adon Pa
A Lagos State High Court has dismissed an application filed by legal practitioner Ademola Owolabi, principal of Ademola Adetokunbo & Co., seeking to stop his criminal prosecution in connection with a disputed property in Lekki Phase I, Lagos.
Justice Olalekan Oresanya held that 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 criminal proceedings against Owolabi, Alex Ochonogor, Managing Director of Bluecrest Homes Limited, and Adebayo Akeju, principal of Adon Partners, to continue before Justice Sherifat Sonaike of the Lagos State High Court.
The defendants are facing a five-count charge alleging conspiracy to commit felony, forgery of land-related documents, and willful damage to property under the Criminal Law of Lagos State.
They have pleaded not guilty to the charges.
According to the prosecution, the charges arise from a dispute over a parcel of land measuring about 1,139 square metres at Block 133, Plot 10, Lekki Phase I, where competing ownership claims have been made.
The prosecution alleged that documents, including an Affidavit of Loss, Memorandum of Loss and a Demolition Notice, were used in the process that led to the issuance of a replacement Certificate of Occupancy and subsequent dealings concerning the property.
The matter followed a petition by Dr. Obidigwe Eze, who claims ownership of the land.
He petitioned the Force Criminal Investigation Department (FCID), Alagbon, alleging irregularities in the replacement of the Certificate of Occupancy.
The petition led to a police investigation and legal advice from the Lagos State Directorate of Public Prosecutions.
In his application, Owolabi argued that he acted only as a solicitor in the transaction, carried out due diligence at the Lagos State Lands Registry, and was treated as a witness during the police investigation.
He further contended that the Attorney-General acted unlawfully by recommending his prosecution despite what he described as the absence of any criminal findings against him during the investigation.
Court records show that the Directorate of Public Prosecutions initially issued legal advice on January 3, 2024, recommending the prosecution of Major Hamza Al-Mustapha, Alex Ochonogor, Adebayo Akeju and Ademola Owolabi.
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, maintaining that prosecutorial authorities have constitutional powers to independently assess available evidence and determine whether criminal proceedings should be instituted, irrespective of police recommendations.
The State argued that the issues raised by the defendants should be resolved during the criminal trial.
In dismissing the application, Justice Oresanya held that judicial review is concerned with the legality of administrative decision-making processes and not with determining the merits of criminal allegations or the sufficiency of the evidence.
The court observed 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 interfere 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, allowing the criminal trial against Owolabi, Ochonogor and Akeju to proceed.
