The Federal High Court in Lagos on Monday adjourned till February 13, 2024, to arraign the Chairman of Honeywell Group, Oba Otudeko and others over an alleged N12.3 billion fraud.
Justice Chukwujekwu Aneke rescheduled the proceedings following a protest by Otudeko’s lawyer, Bode Olanipekun (SAN), that the Economic and Financial Crimes Commission (EFCC) had not served the charge on his client.
Otudeko, and a former Managing Director of First Bank Plc, Olabisi Onasanya are facing a 13-count charge preferred against them by the EFCC.
Also included in the charge, marked FHC/L/20C/2025, is a former board member of Honeywell, Soji Akintayo and a firm, Anchorage Leisure Ltd.
The defendants were accused of allegedly obtaining N12.3 billion from First Bank under pretence.
When the case was called Olanipekun informed the court that he was appearing in protest in the case, as the charge had not been served on his client.
But Mr Adeyinka Olumide-Fusika, SAN, who announced his appearance for the second defendant Onasanya, informed the court that he had a copy of the charge.
Mr Kehinde Ogunwumiju (SAN) appeared for the third defendant, while Mr Charles Adeogun-Philips (SAN) announced his appearance for the fourth defendant Anchorage.
Adeogun-Philips also informed the court that his appearance was in protest as his client was never served with any charge.
But Justice Aneke wondered at the appearance of all defence counsel in court if indeed their clients had yet to be served.
Responding, Olanipekun told the court that on January 17, the media was agog with screaming headlines, indicating that the defendants were to be arraigned on Monday.
He showed the court several national dailies with the report, and read out portions of the report, showing that the defendants were to appear before Justice Aneke.
He described such conduct as being most unfair, especially as no charge was served on his client.
In response, prosecution counsel, Mr Rotimi Oyedepo (SAN) told the court that the EFCC had made several efforts to effect service on the defendants without success.
He said the last known address of three of the defendants is No. 6b Mekuwen Street, Ikoyi, while the last known address of the second defendant is No. 21, Ribadu Road Ikoyi.
Oyedepo added that the prosecution had a motion for substituted service for the last known addresses of the defendants.
Getting the court’s nod, he moved his application.
Thereafter, Olumide-Fusika informed the court that he was willing to undertake service of the charge for his client, since he had already taken steps to print out same.
Following a directive by the court, the prosecutor handed Fusika a copy of the charge.
The court adjourned the case till February 13, for the arraignment of 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 N500 million, between 2013 and 2014 in Lagos,
The anti-graft agency further alleged that the defendants, made and uttered forged documents to deceive the bank.
The offence contravenes the provisions of section 8(a) of the Advanced Fee Fraud and Other Fraud Related Offences Act 2006 and sections 15 (2), 15(3), and 18(c) of the Money Laundering (Prohibition) Act, 2011
It also contravenes the provisions of section 3(6) of the Miscellaneous Offence Act, Cap M17 Law of the Federation, 2004.
