Justice Chukwujekwu Aneke of the Federal High Court, Ikoyi, Lagos has adjourned till February 13, 2025 the arraignment of Chairman of Honeywell Group, Chief Oba Otudeko and others over alleged N12.3 billion fraud, following his lawyer’s protest of none service of charges.
The Economic and Financial Crimes Commission (EFCC) preferred a 13-count charge against Otudeko, and a former Managing Director of First Bank Plc, Olabisi Onasanya.
Also charged in the case with number 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 N12.3billion from First Bank under pretence.
When the case was called Counsel to Otudeko, Mr Bode Olanipekun (SAN), informed the court that he was appearing in protest in the case, as the charge has not been served on his client.
Mr Olumide Fusika (SAN) announced appearance for the second defendant and informed the court that he had a copy of the charge, which he printed.
Mr Kehinde Ogunwumiju (SAN) appeared for the third defendant while Mr Adeogun Philips (SAN) announced appearance for the fourth defendant.
But Philips informed the court that his appearance was in protest as his client was never served with any charge.
Justice Chukwujekwu Aneke then raised a question as to the appearance of all defence counsels in court if they claim the defendants had not been served.
In response, Olanipekun told the court that on January 17, 2025, the media was agog with screaming headlines, indicating that the defendants were to be arraigned on Monday January 20, 2025.
He showed to the court several national dailies with 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 being most unfair, especially as no charge was served on his client.
In response, the prosecutor, Mr Rotimi Oyedepo (SAN) told the court that efforts had being made severally, to effect service on the defendants without success.
He informed the court that the last known address of the first, second, and third defendants is No. 6b Mekuwen St. Ikoyi, while the last known address of the second defendant is No. 21, Ribadu Road, Ikoyi.
Oyedepo, consequently, told the court that the prosecution had a motion for substituted service, at the last known addresses of these defendants.
He prayed the court to move his application and the court granted same.
After moving his application, second defence counsel informed the court that he is willing to undertake service of the charge for his client, since he had already taken steps to print same.
Following a directive by the court to issue service on the second defence counsel who had indicated willingness to accept same, the prosecutor handed Fusika a copy of the charge in court.
The court, consequently, adjourned the case until February 13, 2025 for 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 contravened the provisions of 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 Miscellaneous Offence Act, Cap M17 Law of the Federation, 2004.