Court fixes Feb 13 for  arraignment of Otudeko, others over alleged N12.3b fraud

A Federal High Court sitting in Lagos on Monday, adjourned till February 13, 2025, for arraignment of Chairman of Honeywell Group, Oba Otudeko, former Managing Director of First Bank Plc, Olabisi Onasanya, a former board member of Honeywell, Soji Akintayo and a firm, Anchorage Leisure Ltd.

Trial judge in the matter is Justice Chukwujekwu Aneke.

The Economic and Financial Crimes Commission, EFCC, had on January 16, 2025, filed 13-counts charge of alleged N12.3bn fraud against the defendants.

According to the EFCC, the defendants committed the offence in tranches of N5.2 billion, N6.2 billion, N6.1 billion, N1.5 billion and N500million, between 2013 and 2014 in Lagos.

The Commission further alleged that the defendants, made and uttered forged documents to deceive the bank.

According to EFCC the offences committed contravened Section 8(a) of Advance Fee Fraud and Other Fraud Related Offences Act 2006 and section 15 (2), 15(3), and 18(c) of the Money Laundering (Prohibition) Act, 2011.

It also contravened the provisions of section 3(6) of the Miscellanous Offence Act, Cap M17 Law of the Federation, 2004.

The arraignment of the defendants was, yesterday, stalled due to the absence of the defendants and protest by their counsel.

When the case was called, the defendants counsel protested the charge, saying their clients were not served with the charge.

Chief Bode Olanipekun, SAN, who appeared for Otudeko told the court that he was appearing in protest in the case, as the charge had not been served on his client.

Also, Adeyinka Olumide-Fusika, SAN, counsel to second defendant, informed the court that he had a copy of the charge, which he printed.
Mr. Kehinde Ogunwumiju, SAN, appeared for the third defendant while Dr. Charles Adeogun-Philips, SAN, represented the fourth defendant in protest.

Philips, who announced his appearance protest, told the court that his client was never served with any charge.

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Justice Aneke then questioned the appearance of all defence counsel in court, if they claim the defendants were not been served.

Olanipekun, replying told the court that on January 17, 2025, the media widely reported with screaming headlines, indicating that the defendants were to be arraigned on Monday.

He informed the court that many dailies carried the report, and also read out portions of the report, showing that the defendants were to appear before Justice Aneke.

He described such conduct as most unfair, especially as no charge was served on his client.

Responding, EFCC’s prosecutor, Mr. Rotimi Oyedepo, SAN, informed the court that efforts had been made severally, to effect service on the defendants without success.

He said that the last known address of the first, second, and third defendants is No. 6b Mekuwen Street, Ikoyi, Lagos, while the last known address of the second defendant is No. 21, Ribadu Road, Ikoyi, Lagos.

Oyedepo further informed the court that the prosecution has a motion for substituted service, at the last known addresses of these defendants and asked the court to allow him the application and also prayed the court granted same.

The second defence counsel informed the court that he was willing to undertake service of the charge for his client, since he had already taken steps to print it.

Following a directive by the court to issue service on the second defence counsel who had indicated willingness to accept same, the prosecutor handed Olumide-Fusika a copy of the charge in court.

The court, meanwhile, adjourned the case until February 13, 2025, for arraignment of the defendants.

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