A Federal High Court sitting in Lagos on Monday have ordered that the former Chairman of First Bank of Nigeria PLC, Oba Otudeko and its former managing director Bisi Onasanya be arraigned for an alleged 12.3bn fraud.
Delivering ruling on Monday, Justice Aneke, held that, that the plea of a defendant must first be taken, before any application in accordance with extant laws and relevant cases including yahaya Bello vs FRN among others, and held that an arraignment must be taken before any preliminary objection.
“Any preliminary objection to the validity of a charge can only be heard after a plea is taken; this is now a condition precedent and this court is bound by the decision.
“I agree with learned counsel for the prosecuton, no preliminary objection can be taken without arraignment of the defendants.
“This is my view ” the court held
After the ruling, wole Olanipekun (SAN), who’s the lead counsel to the first defendant, Oba Otudeko then informed the court that parties were exploring settlement and urged the court to adjourn for a report of settlement .
Reacting,
The counsel for the prosecution, Bilkisu Buhari- Bala thanked the court for the ruling and urged it to grant an adjournment for either arraignment or report of settlement
Despite repeated arguments by counsel arguing that the matter should be for report of settlement, Mrs Buhari maintained her application that the case should be adjourned for either arraignment or report of settlement.
The court adjourned the case to may 8 for a report of settlement.
