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The scheduled arraignment of ex-Chairman of First Bank Nigeria, Dr Oba Otudeko, and three others was stalled before the Federal High Court in Lagos on Thursday as the defence lawyer said Otudeko had traveled to London for medical treatment.
The trial judge, Justice Chukwujekwu Aneke, adjourned till March 17, 2025, to rule on the defendants’ applications challenging the court’s jurisdiction to hear 13 counts filed by the Economic and Financial Crimes Commission.
Charged alongside Otudeko are FBN ex-Managing Director, Stephen Onasanya; and a former board member of Honeywell Flour Mills Plc, Soji Akintayo.
The charges border on alleged N12.3bn fraud.
At Thursday’s proceedings, Rotimi Oyedepo (SAN) appeared for the EFCC, while Chief Wole Olanipekun (SAN), Olasupo Shasore (SAN), Kehinde Ogunwumiju (SAN), and Ade Adedeji (SAN) appeared for the 1st to 4th defendants.
Also, Mr. Babajide Koku (SAN) announced for the nominal complainant (First Bank).
In his submission, Olanipekun informed the court that his client, Otudeko, had filed an application, dated January 28, 2025, explaining his absence.
According to the application, Otudeko left Nigeria on January 16, 2025, for medical treatment in the United Kingdom, arriving at Heathrow Airport the next day.
Olanipekun stressed that Otudeko left the country lawfully and did not abscond.
In response, the EFCC counsel, 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.
Meanwhile, Shasore, Ogunwunmiju , and Adedeji, noted that their clients had filed a preliminary objection, challenging the court’s jurisdiction to hear the case.
Ogunwumiju, in his application dated February 10, 2025, requested the court to quash or decline jurisdiction over counts one to 10, alleging abuse of judicial process and a lack of prima facie evidence.
The EFCC prosecutor, however, countered the argument, stating that the allegations in the charge stemmed from a detailed investigation, revealing that the 1st and 2nd defendants connived to defraud First Bank.
He stated 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.
Following the submissions. of counsel, Justice Aneke adjourned till March 17, 2025, to rule on the defendants’ objection.
In the charge sheet, the EFCC accused Otudeko and the other defendants of obtaining tranches of loans—N12.3bn, N5.2bn, N6.2bn, N6.1bn, and N1.5bn—from First Bank under the pretence that the funds were obtained by some firms.
The anti-graft agency said the credit facilities were fraudulently obtained between 2013 and 2014.
