••• Lawyers protest non-service of charges to defendants 

The Federal High Court, Lagos, has adjourned till February 13, arraignment of Oba Otudeko, Chairman of the Honeywell Group, and a former Managing Director of First Bank of Nigeria, Olabisi Onasanya and others for alleged N12.3 billion fraud.

Justice Chukwujekwu Aneke fixed the new date after counsel for Otudeko, Mr. Bode Olanipekun (SAN) said that he was appearing in protest as his client and the other defendants in the case had not been served with the charges.

All the defendants were absent on Monday for their arraignment on a 13-count charge of allegedly obtaining the sum of N12.3bn from First Bank through fraudulent means.

Other defendants in the case filed by the Economic and Financial Crimes Commission (EFCC)

are a former member of the board of directors of Honeywell Flour Mills Plc, Soji Akintayo, and Anchorage Leisure Ltd, a company linked to Otudeko.

The EFCC alleged that the defendants obtained  N12.3billion from First Bank under pretence.

When the case was called for the arraignment of the defendants, Otudeko’s counsel, Olanipekun (SAN), and Adeogun Philips (SAN) who represented the fourth defendant informed the court that their appearance was in protest as their clients had not been served.

However, counsel for Onasanya, Mr. Olumide Fusika (SAN) informed the Judge that he had a printed copy of the charge.

Mr Kehinde Ogunwumiju (SAN) appeared for Akintayo, the third defendant.

Justice Aneke then raised a question as to why all the defendants were represented by their lawyers in court, if they claimed the defendants had not been served.

Responding, Olanipekun told the court that the news of their arraignment was published by national dailies on Jan. 17, 2025.

Otudeko’s counsel, who also showed the Judge several national dailies where the report was published, described such conduct as “most unfair”, especially as no charge was served on his client.

The prosecutor, Mr Rotimi Oyedepo (SAN) explained that the EFCC made several efforts to effect service on the defendants without success.

Consequently, he told the court that he had a motion for substituted service, at the last known addresses of the defendants and prayed the court to move the application, which was granted.

Counsel for second defendant (Onasanya) indicated his willingness to undertake service of the charge for his client, since he had already taken steps to print same and was handed a copy of the charge in court following the directive by the Judge.

Consequently, the matter was adjourned till Feb. 13, for arraignment of the defendants.

According to the EFCC, the four committed the fraud in tranches of N5.2b, N6.2b, N6.150b, N1.5b and N500million, between 2013 and 2014 in Lagos.

The EFCC said it intends to call representatives of First Bank including Cecelia Majekodunmi, Ola Michael Aderogba, Abiodun Olatunji, Raymond Eze, Abiodun Odunbola and Adeeyo David all of whom are expected to give evidence of the fraudulent misrepresentation of the Defendants and tender relevant documents.

The anti-graft agency said the offences contravene Section 8(a) of Advance Fee Fraud and Other Fraud Related Offences Act 2006 and were punishable under Section 1 (3) of the same Act.