The scheduled arraignment of Chief Oba Otudeko, Chairman of Honeywell Flour Mills PLC and three others could not hold on Thursday before the Federal High Court in Lagos due to the absence of the first defendant.
This is just as the court fixed March 17, 2025, to rule on various applications challenging its jurisdiction to hear a 13-count charge filed against the former chairman of First Bank Nigeria, FBN, and three others over alleged fraud.
The date was fixed by Justice Chukwujekwue Aneke in a ruling on various applications challenging its jurisdiction to hear a 13-count charge filed against the defendant by the Economic and Financial Crimes Commission, EFCC.
Meanwhile, Stephen Olabisi Onasanya, the former group managing director of FBN, and Soji Akintayo, a former board member of Honeywell Flour Mills PLC, did appear in court.
The Prosecution Counsel, EFCC, Rotimi Oyedepo SAN represented the anti-graft agency while Chief Wole Olanipekun SAN, Olasupo Shasore SAN, Kehinde Ogunwumiju, SAN, and Ade Adedeji SAN appeared for the 1st to 4th defendant.
Also, First Bank’s Mr. Jide Koku SAN watched brief for the complainant.
Chief Olanipekun informed the court that Otudeko had filed an application, dated January 28, 2025, explaining his absence.
Addressing the court, he stated that Otudeko left Nigeria on January 16, 2025, for medical treatment in the United Kingdom, arriving at Heathrow Airport on the next day.
Olanipekun emphasised that Otudeko had left the country lawfully and did not abscond.
Responding to his explanation, Oyedepo reminded the court that the matter had been adjourned for the arraignment of the defendants, and the prosecution had followed the court’s directive to serve the defendants by substituted means.
Counsel for the 2nd, 3rd, and 4th defendants, including Ogunwumiju SAN, Adedeji SAN, and Shasore SAN, argued that the court should first hear their application challenging its jurisdiction before proceeding with the case.
Particularly, Ogunwumiju SAN, in his application dated February 10, 2025 requested the court to quash or decline jurisdiction over counts 1 to 10, alleging abuse of judicial process and a lack of prima facie evidence.
The EFCC Counsel countered him on the request and noted that the allegations in the 13-count charge emanated from a detailed investigation, revealing that the 1st and 2nd defendants colluded to defraud First Bank.
He argued that the charge was filed in accordance with the provisions of the Administration of Criminal Justice Act, 2015, and there was no requirement for the prosecution to file an affidavit of investigation completion before filing charges.
After the submissions of counsel, Justice Aneke adjourned till March 17 for ruling.
