Justice Chukwujekwu Aneke of a Federal High Court sitting in Lagos on Thursday fixed March 17, 2025, for ruling on whether to arraign the former Chairman of First Bank of Nigeria, Oba Otudeko and three others on 13 counts charge bordering on alleged N6.2 billion fraud or to hear various applications challenging jurisdiction of the court to arraign the defendants.
Justice Aneke fixed the date after listening to the arguments by counsel representing the Economic and Financial Crimes Commission (EFCC) and the defendants.
When the matter slated for arraignment on Thursday was called up, Oba Otudeko (first defendant) was absent from the court, but the former group managing director of FBN, Stephen Olabisi Onasanya, and a former board member of Honeywell Flour Mills PLC, Soji Akintayo were present.
Rotimi Oyedepo (SAN) announced appearance for the prosecution, while Chief Wole Olanipekun (SAN), Oladipo Shasore (SAN), Kehinde Ogunwumiju (SAN), and Ade Adedeji (SAN) appeared for the 1st to 4th defendants. Mr. Jide Koku (SAN) announced appearance for the compliant (First Bank)
Chief Olanipekun informed the court that Otudeko had filed an application, dated January 28, 2025, explaining his reasons for absence.
In the application, it was stated that Otudeko left Nigeria on January 16, 2025, for medical treatment in the United Kingdom, arriving at Heathrow Airport the same day. Olanipekun emphasized that Otudeko had left the country lawfully and did not abscond.
Responding, Oyedepo reminded the court that the matter had been adjourned for the arraignment of the defendants, and the prosecution had complied with the court’s directive to serve the defendants by substituted means.
Counsel for 2nd, 3rd, and 4th defendants, comprising Ogunwumiju (SAN), Adedeji (SAN), and Shasore (SAN), argued that the court should first hear their application challenging its jurisdiction before proceeding with the case.
Specifically, Ogunwumiju 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.
He prayed the court for an order restraining the Economic and Financial Crimes Commission (EFCC) or its agents, officials, staff, officers, or any person howsoever described from arresting, inviting, detaining, harassing and molesting the 3rd defendant/applicant on account of this charge pending the determination of this Motion on Notice.
The application is also seeking for an order striking out the name of the 3rd defendant from the charge as the proof of evidence does not disclose anything linking him to the offences mentioned in the charge
But EFCC Prosecutor Oyedepo countered the argument, stating that the allegations in the 13-count charge stemmed from a detailed investigation, revealing that the 1st and 2nd defendants colluded to defraud First Bank.
He stressed 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.
He maintained that the Court has the requisite jurisdiction to hear and determine the instant charge preferred against the defendants.
He submitted that the facts and circumstances of the case revealed that the depositors’ funds in First Bank were fraudulently converted to the use of the defendants.
Oyedepo further submitted that court has the power and requisite jurisdiction to hear and determine each of the counts contained in the instant criminal charge.
He contended “That the current charge was filed in accordance with the provisions of Administration of Criminal Justice Act, 2015.
“That the Administration of Criminal Justice Act, 2015 did not impose on the Prosecution additional obligation of filing affidavit completion of investigation before filing a criminal charge
Following the submissions.of counsel, Justice Aneke adjourned till March 17 for ruling
The EFCC has filed the 13-count charge against Oba Otudeko, Onasanya, Akintayo, and Anchorage Limited for allegedly obtaining loans amounting billions of naira from First Bank under false pretenses between 2013 and 2014.
The Anti-graft Agency has filed a 13-count charge against Oba Otudeko, a former chairman of First Bank Nigeria (FBN), and three others over alleged fraud.
The other three defendants are a former group managing director of FBN, Stephen Olabisi Onasanya; an ex-board member of Honeywell Flour Mills Plc, Soji Akintayo ; and Anchorage Limited, a company linked to Otudeko.
In the charge sheet, the EFCC accused Otudeko and the other defendants of obtaining tranches of loans in sums of N12.3 billion, N5.2 billion, N6.2 billion, N6.1 billion, and N1.5 billion from First Bank under the pretence that the funds were obtained by some firms.
The anti-graft agency stated that the credit facilities were obtained between 2013 and 2014.
More Stories
MTN offers moving apology over 200% hike in 15GB data bundle
Canada denies Nigeria’s Defence Chief Christopher Musa entry visa, Ribadu tells country ‘go to hell’
TV host Morayo stirs angry reactions after suggesting Tuface shouldn’t go scot free for seeking to divorce Annie