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The scheduled arraignment of former First Bank Nigeria (FBN) Holdings chairman Oba Otudeko, alongside former managing director of First Bank Plc, Bisi Onasanya, and two others over fraud charges, suffered a setback at the Federal High Court in Lagos on Monday.
The judge, Chukwujekwu Aneke, rescheduled the N12.3 billion fraud case to 13 February over the defendants’ absence and lack of prior service of the charges on them.
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Last week, Nigeria’s anti-graft agency, the Economic and Financial Crimes Commission (EFCC), filed charges against Mr Otudeko, who is the founder and chairman of Honeywell Group, and others for colluding to obtain N12.3 billion credit facilities from the bank in 2013.
Other defendants are Mr Onasanya; a former board member of Honeywell, Soji Akintayo, and a firm, Anchorage Leisure Ltd.
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PREMIUM TIMES reported how Mr Otudeko flew to London on Friday after the news of the lawsuit came to the fore.
Court hearing
None of the defendants appeared in court for their scheduled arraignment on Monday.
However, they were all represented by their respective lawyers.
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Mr Otudeko was represented by Bode Olanipekun, a Senior Advocate of Nigeria (SAN).
Adeyinka Olumide-Fusika, a SAN, appeared for Mr Onasanya.
While Kehinde Ogunwumiju, a SAN, appeared for Mr Akintayo, Adeogun Philips, also a SAN, announced appearance for the firm – Anchorage Leisure.
The defence lawyers said their clients were not served with the charges.
But Mr Otudeko’s lawyer, Mr Olumide-Fusika, informed the court that he was willing to accept service of the charge for his client.
Following a directive by the judge, the prosecution counsel gave a copy of the charge to Mr Olumide-Fusika.
Mr Olanipekun told the court that he was protesting against the non-service of the charge on Otudeko and two others charged along with him.
The judge raised the question of how the defence lawyers came about appearing in court for their clients if they were not served.
In response, Mr Olanipekun, told the court that on 17 January, the media was agog with screaming headlines, indicating that the defendants were to be arraigned on Monday.
He showed to the court several national daily newspapers containing reports of the lcase and went on to read out portions of the reports showing that the defendants were to appear before the judge.
Mr Olanipekun described such conduct as unfair, especially as no charge was served on his client.
In response, the prosecution lawyer, Rotimi Oyedepo, a SAN, said that between 16 to 19 January, the prosecution made unsuccessful efforts to effect service on the defendants.
He also informed the court that the prosecution filed a motion for substituted service of the charge at the last known addresses of the defendants.
After the prosecution moved the application for substituted service, the judge issued an order to serve the charges on the defendants through their last known addresses.
The court, subsequently, adjourned the case till13 February for arraignment of the defendants.
READ ALSO: Oba Otudeko jets out to London as EFCC moves to arraign him
Background
EFCC alleged in the charge marked FHC/L/20C/2025 that the defendants obtained N12.3 billion from First Bank under false pretences.
According to EFCC, the defendants obtained the sum in tranches in 2013 and 2014 in Lagos State.
The anti-graft agency added that the defendants altered a document to deceive the bank.
According to the EFCC, the four defendants committed the alleged fraud in tranches of N5.2 billion, N6.2 billion, N1.5 billion and N500 million, between 2013 and 2014 in Lagos.
The prosecution accused the defendants of obtaining “the sum of N12.3 billion from First Bank Limited on the pretence that the said sum represented credit facilities applied for by V-Tech Dynamic Links Limited and Stallion Nigeria Limited, which representation they knew to be false.”
Some of the offences were said to contravene have contravened section 8(a) of Advance Fee Fraud and Other Fraud Related Offences Act of 2006 and section 15 (2), 15(3) and 18(c) of the Money Laundering (Prohibition) Act, 2011
The prosecution also said other offences contravene section 3(6) of the Miscellaneous Offences Act, 2004. (NAN)
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