Justice Chukwujekwu Aneke of the Federal High Court, Ikoyi, Lagos has adjourned to March 17 to decide on whether to first hear and determine the application of a former Chairman of First Bank of Nigeria Holdings, Oba Otudeko, before his arraignment over a 12.3 billion naira fraud charge.
Mr Otudeko and two other defendants are challenging the jurisdiction of the court to try him, arguing that the facts in issue are civil in nature and not criminal.
While Oba Otudeko was absent from Thursday’s proceedings which was fixed for the arraignment of all the defendants, Stephen Olabisi Onasanya, the former group managing director of FBN, and Soji Akintayo, a former board member of Honeywell Flour Mills PLC, were present. The other defendant – Anchorage Limited, a company linked to Mr Otudeko – was also absent.
Mr Otudeko’s lead counsel, Wole Olanipekun SAN, told the court that the 82 year old travelled legitimately abroad on January 16, 2024, from the Lagos airport for medical treatment in the United Kingdom, arriving at Heathrow Airport the next day and didn’t abscond as was rumoured.
He is also challenging the legality of the charge and wants the court to first hear and determine his preliminary objection before his client can be put in the dock to take his plea. He added that the matter had been amicably settled by the parties with an assurance by First Bank, the complainant in this case, that it will not bring it up again.
Kehinde Ogunwumiju, SAN who appeared for the 3rd defendant, requested the court to quash the charge or decline jurisdiction over counts 1 to 10, alleging abuse of judicial process and a lack of prima facie evidence.
Ade Adedeji SAN appearing for the 4th defendant, filed a similar application, saying the charges were not only malicious but an abuse of the court process.
Mr Onasanya didn’t file an application challenging the charges but his lead counsel, Olasupo Shasore SAN, urged the court to also determine the merits of the other defendants’ applications first.
In his response, the lead prosecutor for the EFCC, Rotimi Oyedepo SAN, asked the court to discountenance any attempt to delay the criminal proceedings in the spirit of extant laws, including the Administration of Criminal Justice Act of 2015.
He said the prosecution had followed the court’s directive to serve the defendants by substituted means. He also argued that it will be fair to the first defendant for him to appear personally and face the charges brought against him, as there was nothing before the EFCC to discontinue its prosecution of the case.
He maintained that the Court has the requisite jurisdiction to hear and determine the charge.
Following the submissions of counsel, Justice Aneke adjourned till March 17 for ruling, expressing the desire that the first defendant will be present in the interest of justice.
According to the EFCC, the four defendants committed the alleged fraud against First Bank and depositors of funds, in tranches of N5.2 billion, N6. 2 billion, N1.5 billion and N500 million, between 2013 and 2014 in Lagos.
The charge also alleged that the defendants made, uttered and forged documents to deceive the bank.
The alleged offences are contrary to Section 8(a) of Advance Fee Fraud and Other Fraud Related Offences Act 2006 and punishable under Section 1(3) of the same Act, as well as Other extant laws.
