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The arraignment of the Chairman of the Honeywell Group, Oba Otudeko, and others over alleged N12.3 billion fraud before the Federal High Court was stalled on Monday due to the absence of the defendants.
When the case was called, counsel representing the defendants protested the charge, stating that their clients had not been served.
The Economic and Financial Crimes Commission had, on 16 January 2025, filed a 13-count charge against Otudeko and a former Managing Director of First Bank Plc, Olabisi Onasanya.
Others charged alongside Otudeko include a former board member of Honeywell, Soji Akintayo, and a firm, Anchorage Leisure Ltd.
In the charge marked FHC/L/20C/2025, the EFCC accused the defendants of allegedly obtaining N12.3 billion from First Bank under false pretence.
When the case was called, Bode Olanipekun (SAN), representing Otudeko, told the court that he was appearing in protest as the charge had not been served on his client.
Adeyinka Olumide-Fusika (SAN) appeared for the second defendant and informed the court that he had a copy of the charge, which he had printed independently.
Kehinde Ogunwumiju (SAN) appeared for the third defendant, while Dr. Charles Adeogun-Philips (SAN) represented the fourth defendant, also in protest, stating that his client had not been served.
Justice Chukwujekwu Aneke questioned the defence counsel’s presence in court if they claimed the defendants had not been served.
In response, Olanipekun explained that media reports on 17 January 2025 widely announced the arraignment of the defendants, with prominent headlines indicating they were to appear before the court. He presented copies of these reports to the court.
Olanipekun described the situation as unfair, as no official charge had been served on his client.
Responding, EFCC prosecutor Rotimi Oyedepo (SAN) informed the court that several attempts had been made to serve the defendants without success.
He stated that the last known addresses of the defendants were: 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 filed a motion for substituted service at these addresses. The court granted the motion after it was moved.
Olumide-Fusika offered to accept the service of the charge on behalf of his client, having already obtained a copy independently. The prosecutor handed him the charge in court following the court’s directive.
The case was subsequently adjourned until February 13, 2025, 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 EFCC further alleged that the defendants forged documents to deceive the bank.
The offences were said to contravene Section 8(a) of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006, as well as Sections 15(2), 15(3), and 18(c) of the Money Laundering (Prohibition) Act, 2011.
They also breached Section 3(6) of the Miscellaneous Offences Act, Cap M17, Laws of the Federation, 2004.
