By Onyewuchi Ojinnaka (Senior Correspondent)
In obedience to court order which summoned him to appear in court to give evidence in respect of N5.5 billion debt allegedly owed Ecobank Plc, the Group Managing Director of Honeywell Group Plc, Dr Oba Otudeko, on Thursday February 8, honoured the court’s summon by appearing physically and entered the witness box to give evidence.
Justice Mohammed Idris of a Federal High Court, Lagos had on Wednesday February 7, while ruling in a suit instituted by Honeywell Flour Mills Plc, and its sister company, Anchorage Leisures Ltd, against Ecobank Nigeria Plc, ordered the appearance of Otudeko in court, through a subpoena (witness summons).
The Judge had ordered that a witness summons be personally served on Otudeko, following the insistence of defence counsel, who told the court that Otudeko was his first witness.
Following the argument and insistence of defence counsel, the court accordingly issued a summons, to enable him appear and testify before the court.
The plaintiffs, particularly Anchorage Leisures Ltd are challenging the alleged indebtedness of N5.5 billion to the bank.
At the resumed hearing of the case on Thursday, Otudeko who arrived the courtroom before commencement of proceedings, moved into the witness box when the case was called up for hearing. He was sworn on the holy bible and was permitted by the court to sit down.
Before his evidence in chief, Otudeko prayed the court for permission to speak and it was granted.
He told the court, that the said witness summons was not served on him personally, but that he was only informed by his legal officers.
According to him, “This is a first experience, and I am extremely delighted to be here to see all professionals in practice; I was away from Lagos, and only got a call from my officers who informed me of the position, and I came back yesterday.
“I have great respect for the institution of the court, and so I have deposed to my witness statement and have filed same.”
After his address to the court, Counsel to Ecobank, Mr O.A Divine, then began his examination in chief and asked the witness to tell the court his names, occupation and address.
Responding, the witness said: “My name is Dr Oba Otudeko, I am a businessman, and my place of business is at No 6, Mekuwen St. Ikoyi Lagos.”
When asked about his professional qualification, counsel to the plaintiff, Mr Olabode Olanipekun, raised objection, pointing out to the court that the proper practice in such proceeding, was for the defence to lead the witness to adopt his written deposition.
He added that the defence cannot embark on a journey of questions, in such proceedings, submitting that after adoption, the plaintiff is entitled to cross examination and then re-examination.
While replying, the defence counsel argued that the witness was a subpoenaed one, and therefore he is entitled to lead his witness in evidence without hindrance.
In a short ruling, however, Justice Idris held that the witness could only be led to adopt his witness statement. After the court’s ruling, defence counsel, then declined to lead the witness to adopt his statement.
Meanwhile, in his cross examination, Olanipekun asked the witness to tell the court:
“Whether the then Managing Director of Ecobank, was in attendance at the plaintiff’s office, on July 23, 2013, when it was agreed that N3.5 billion will be full and final settlement of the plaintiff’s debt,”
Before the witness could respond, the defence counsel quickly raised an objection.
He argued that having refused to lead the witness in adopting his depositions, and since the statement had not been admitted, the witness cannot answer questions on same.
But due to argument and counter-argument from both parties on Otudeko’s statement on oath, the presiding judge adjourned the matter till February 14, for both parties to address the court on Otudeko’s statement on oath.
Meanwhile there was a mild drama at the Federal High Court, Lagos, as the Oba Otudeko, was shielded from camera after the court’s sitting, and sandwiched into his awaiting vehicle outside the court premises.
Upon adjourning the matter and as both parties were coming out of the courtroom, with the positioning of camera by cameramen, to capture those present in court from both parties, Oba Otudeko’s was shielded and guarded by his aides to stop all efforts by the cameramen from taking photoshoots of their boss,until he entered his Range Rover SUV.
