Justice Rahman Oshodi of the Lagos State Special Offences Court, Ikeja, on Tuesday dismissed the no-case submission filed by businessman, Ifeanyi Bosah-Reginald, and ordered him to open his defence in the ongoing trial over alleged tampering with a forfeited property.
The judge held that the prosecution had established a prima facie case against the defendant, requiring him to enter a defence. Justice Oshodi consequently adjourned the matter until May 19 to continue the proceedings.
Bosah-Reginald is standing trial alongside Magnificat Homes & Leisure Limited and Fifth Neighbourhood Management Limited on charges brought by the Economic and Financial Crimes Commission (EFCC) over alleged unlawful dealings with a forfeited property located at Sangotedo, Lekki area of Lagos State.
During the trial, the first prosecution witness, an operative of the anti-graft agency, told the court that the commission received a petition in December 2013 concerning a parcel of land measuring about 10.687 hectares along the Monastery Road axis in Sangotedo.
The witness testified that the commission subsequently obtained an interim forfeiture order on May 16, 2016, over the property.
According to her, the order was publicised through newspaper publications to notify members of the public of the forfeiture proceedings.
She stated that three publications were made two in The Guardian newspaper and one in another national daily by solicitors acting on behalf of their client.
In addition, investigators placed signboards on the land and its surrounding fence bearing the inscription “EFCC Under Investigation.”
The witness further told the court that the matter later proceeded on appeal and remained pending before the Supreme Court.
According to her, the EFCC received a fresh petition in September 2023 from the same solicitors alleging that the forfeited land had been encroached upon.
She said when investigators visited the property, they discovered that part of the land had been broken into and new structures were being erected at the rear of the premises.
She added that a caterpillar machine was seen operating on the site, while heaps of sand and granite had been deposited on the land.
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The witness also testified that the investigation team was physically prevented from gaining access to the property by a group of suspected area boys and a mobile police officer who had removed his identification.
She said the commission subsequently mounted surveillance on the land and observed a banner bearing the name of a company linked to the development before the commission eventually arrested the Chief Executive Officer connected to the project.
Earlier, the EFCC had alleged that Bosah-Reginald trespassed on property belonging to Jokotade Tade Estate Resources Limited and Mrs. Foloshade Ogundare.
The anti-graft agency told the court that the land, which was the subject of an interim forfeiture order in suit number ID/2168/2015, had been forfeited to the Federal Government by a court of competent jurisdiction.
According to the prosecution, the defendant allegedly dealt with the forfeited property without authorisation, an offence contrary to Section 12(1) of the EFCC (Establishment) Act, 2004.
Bosah-Reginald had pleaded not guilty to the charge and was earlier remanded in the Kirikiri Correctional Centre pending trial. The case continues on May 19 when the defendant is expected to open his defence.
