The Lagos State High Court sitting in Ikeja has discharged and acquitted two men, Lawal Ige and Ajiboye Ayinla Iroko, who were standing trial over alleged conspiracy, stealing, and forgery relating to a 10.503-hectare parcel of land in Alimosho Local Government Area of the state. The court's decision was made on September 17, 2026, with Justice Olubunmi Abike-Fadipe delivering the judgment.
The defendants were arraigned on October 12, 2023, and pleaded not guilty to the charges. The prosecution alleged that the disputed land at Igando Town, near Idowu-Egba Village, belonged to Prince Osibote, who had reported the matter to the Economic and Financial Crimes Commission. The trial commenced on February 1, 2024, with the prosecution calling three witnesses before closing its case on December 12, 2024.
The court found that the prosecution failed to prove the six-count charge against the defendants beyond reasonable doubt. Justice Abike-Fadipe noted that the prosecution did not tender any title document establishing Osibote's ownership of the disputed property. The judge also observed discrepancies in the description and location of the land, which further weakened the prosecution's case.
The prosecution's case relied heavily on transactions involving Iroko's account, but the judge found this evidence to be consistent with Iroko's explanation. The court also rejected part of the evidence relied upon by the prosecution as hearsay, including evidence given by Osibote concerning what a lawyer allegedly told him about purchasing the land from Ige.
On the forgery counts, the court found that the prosecution failed to call the relevant officials from the Lagos State Surveyor-General's Office and Lands Bureau who could have authenticated the documents and the correspondence relied upon to establish that the documents were forged. The judge held that the letters the prosecution relied on amounted to documentary hearsay.
The court also found that the prosecution failed to establish the allegation that the defendants procured the execution of the disputed documents by false pretences. The prosecution had relied on the alleged involvement of a surveyor, Simeon Abioye, but the surveyor was not called to testify. The judge held that there was no evidence that either defendant asked Abioye to fabricate or execute the documents.
Justice Abike-Fadipe consequently cautioned against using prosecuting agencies to pursue personal disputes, noting that the criminal case appeared to have been used to attempt to determine the ownership dispute through the criminal court. The judge's decision was based on a thorough review of the evidence presented during the trial, and she emphasized that forgery was a serious criminal allegation that required reliable evidence.
Key points
- The Lagos State High Court acquitted two men of land theft charges due to lack of evidence.
- The prosecution failed to prove the six-count charge against the defendants beyond reasonable doubt.
- The court cautioned against using prosecuting agencies to pursue personal disputes.
