Justice Chukwujekwu Aneke of the Federal High Court on Monday fixed February 13 for the arraignment of businessman Chief Oba Otudeko and a former managing director of First Bank Olabisi Onasanya over allegations of N12.3 billion fraud.
However, a mild drama played out in court as lawyers to the defendants announced their appearance in protest and accused the Economic and Financial Crimes Commission (EFCC) of sensationalism.
One of the lawyers, Bode Olanipekun (SAN), informed the judge that they were appearing in protest because their clients had not been served a copy of the charge.
Olanipekun said they only learned about the allegations against the defendants through the media.
The EFCC is accusing Otudeko, who was a former chairman of First Bank of Nigeria Holdings, Onasanya, a former board member of Honeywell Group, Soji Akintayo, and a company, Anchorage Leisure Limited, which is allegedly connected to Otudeko.
The anti-graft agency, in the charge filed by one of its prosecutors, Bilikisu Buhari, claimed that the defendants committed fraud in multiple transactions totalling N5.2 billion, N6.2 billion, N6.15 billion, N1.5 billion, and N500 million between 2013 and 2014 in Lagos.
In the charge marked FHC/L/20C/2025 and dated January 16, 2025, the commission also alleged that the defendants created and used forged documents to deceive the bank.
The defendants were all absent in court, but their lawyers represented them.
When the case was called on Monday, the EFCC counsel, Rotimi Oyedepo (SAN), informed the court that the anti-graft agency had made efforts to serve the charge on the defendants without success.
Oyedepo also claimed that the last known addresses of the first, second, and third defendants are No. 6b Mekunwen St. Ikoyi, while the last known address of the second defendant is No. 21, Ribadu Road Ikoyi.
He then told the court that the prosecution had a motion for substituted service at the last known addresses of these defendants.
In his reaction, Olanipekun confirmed that Otudeko had not been served; he also drew the court’s attention to various newspaper publications reporting the arraignment.
Also, the second defense counsel, Adeyinka Olumide-Fusika (SAN), informed the court that he had a copy of the charge, which he printed from online sources.
Kehinde Ogunwumiju (SAN) appeared for the third defendant, while Charles Adeogun Philips (SAN) announced an appearance for the fourth defendant in protest.
Philips also informed the court that his appearance was in protest as his client was never served with any charge.
Justice Chukwujekwu Aneke then questioned the appearance of all defense counsels in court. If they claim, the defendants had not been served.
In response, Olanipekun told the court that on January 17, the media was flooded with screaming headlines indicating that the defendants would be arraigned on Monday.
He presented copies of national dailies to the court and read portions of the report, showing that the defendants were to appear before Justice Aneke.
He described such conduct as unfair, especially as no charge was served on his client.
While Oyedepo was moving his application for substituted service, Olumide-Fusika informed the court that he was willing to undertake service of the charge for his client since he had already taken steps to print it.
Following the court’s directive to issue service on the second defense counsel, who had indicated a willingness to accept the charge, the prosecutor handed Fusika a copy in court.
The court, consequently, adjourned the case until February 13 for the arraignment of the defendants.
