The Federal High Court in Lagos has fixed December 1 to hear a preliminary objection filed by businessman Jimmy Okojie Odiamehi challenging the competence of a three-count charge accusing him of fraud involving N673.75 million in rental income from a Lekki property.
The trial judge, Justice Ambrose Lewis-Allagoa fixed the date after directing the prosecution and defence to address him on whether the objection to the court’s jurisdiction to hear the charge could be considered before the defendant enters his plea.
Odiamehi’s planned arraignment could not proceed because he did not appear in court, prompting the prosecution to request a bench warrant for his arrest.
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The prosecutor, Usman Rabiu, told the court that the defendant knew about the arraignment but failed to appear; citing Section 113 of the Administration of Criminal Justice Act (ACJA), 2015, he urged the judge to issue a bench warrant.
The defence counsel, Bernard Udemba, opposed the request, arguing that the charge amounted to an abuse of court process, stating that his client had filed a preliminary objection challenging the charge’s competence.
The prosecutor responded that the application was intended to delay the defendant’s arraignment.
To address the dispute, Justice Lewis-Allagoa asked whether the defence could move its preliminary objection on the court’s jurisdiction before the defendant entered his plea, despite his absence.
“Question that arises is whether the defence counsel is allowed to move its notice of objection bordering on the jurisdiction of this Honourable Court to entertain the charge, even though the defendant is absent to take his plea,” the judge said.
After reviewing several judicial authorities, the judge directed both parties to address the court on whether it could hear the preliminary objection before the defendant enters his plea.
The federal government had filed the case, marked FHC/LAG/CR/443/2026, against Odiamehi over allegations of fraud and the retention and use of proceeds allegedly obtained through fraudulent means.
According to the prosecution, the alleged offences occurred between February 2016 and May 2026 and involved a property owned by Engineer Godwin Omene at 7, Fola Osibo Street, Lekki Phase I, Lagos State.
In the first count, Odiamehi was accused of falsely telling Omene that he would develop the property for the owner’s benefit, allegedly inducing him to give the defendant possession, access and control of the premises, along with other proprietary benefits.
The second count alleged that Odiamehi relied on a purported claim of lawful authority over the property to collect N673,753,534 in rent from tenants occupying the premises.
In the third count, he was accused of knowingly retaining and using the same amount, which the prosecution described as proceeds obtained through fraudulent means.
The alleged offences are said to contravene provisions of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006, including Sections 1(1)(a) and 17(a), and are punishable under Section 1(3) of the Act.
His plea is yet to be taken.
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