The court denied the request by the Economic and Financial Crimes Commission (EFCC) for an arrest warrant due to the lack of formal service on the defendants. The judge addressed multiple motions, including the prosecutor's request for a warrant of arrest, which was rejected due to the lack of formal service to the defendants.
The arraignment of Oba Otudeko, Chairman of the Honeywell Group, and three others over an alleged N12.3 billion fraud could not proceed at the Federal High Court in Ikoyi, Lagos, on Monday.
The court denied the request by the Economic and Financial Crimes Commission (EFCC) for an arrest warrant due to the lack of formal service on the defendants. The judge addressed multiple motions, including the prosecutor's request for a warrant of arrest, which was rejected due to the lack of formal service to the defendants.
However, the court granted an application for substituted service.
The EFCC has filed a 13-count charge against Oba Otudeko, former Chairman of Honeywell Group, Olabisi Onasanya, former Managing Director of First Bank Plc, Soji Akintayo, a former board member of Honeywell, and Anchorage Leisure Ltd.
The defendants are accused of obtaining N12.3 billion from First Bank under false pretenses.
During the court session on Monday, Counsel to Otudeko, Mr. Bode Olanipekun (SAN), appeared in protest, stating that his client (Otudeko) had not been served with the charges.
Justice Chukwujekwu Aneke questioned the presence of all defense counsel in court if they claimed the defendants had not been served.
In response, Mr. Olanipekun sought an order to restrain parties from irresponsible media use, stating that on January 17, the media was filled with headlines indicating that the defendants were to be arraigned on Monday.
He presented several national dailies with the report and read out portions showing that the defendants were to appear before Justice Aneke.
He described such conduct as unfair, especially since no charge was served on his client. The judge advised all parties to exercise restraint in media engagement and urged journalists to ensure accurate reporting of court proceedings.
Mr. Olumide Fusika (SAN), who appeared for the second defendant, informed the court that he had a copy of the charge, though it had not been formally served; he printed it himself. Mr. Kehinde Ogunwumiju (SAN) appeared for the third defendant, while Mr. Adeogun Philips (SAN) announced his appearance for the fourth defendant in protest. Philips also noted that his appearance was in protest because his client had not been served with any charge.
Justice Chukwujekwu Aneke questioned why all defense counsel were present in court if they claimed the defendants had not been served. In response, prosecutor Mr. Rotimi Oyedepo (SAN) explained that multiple attempts had been made to serve the defendants, but without success.
Following a directive by the court to issue service on the second defence counsel who had indicated willingness to accept same, the prosecutor handed Fusika a copy of the charge in court.
The court, consequently, adjourned the case until February 13, for arraignment of the defendants.
Otudeko has categorically denied allegations levelled against him by the EFCC which centre around his involvement with First Bank of Nigeria, where he served as a non-executive director and left about 4 years ago.
In a release Otudeko stated he is confident that the truth will prevail in due course and looks forward to addressing these claims in the appropriate forum.