Alleged N12.3b fraud against Otudeko: Arraignment stalled as parties begin settlement talks
By Onyewuchi Ojinnaka
Justice Chukwujekwu Aneke of a Federal High Court sitting in Lagos, on Monday, adjourned until May 8, for report of settlement in a N12.3 billion suit filed against Chairman of the Honeywell Group, Oba Otudeko and others by the Economic and Financial Crimes Commission (EFCC).
The Anti-graft agency had preferred a 13-count charge marked FHC/L/20C/2025 against Otudeko; a former Managing Director of First Bank Plc, Olabisi Onasanya; a former board member of Honeywell, Soji Akintayo and a firm, Anchorage Leisure Ltd.
The case was earlier scheduled for arraignment on January 20, but the absence of the defendants who claimed that the EFCC had not served them with any charge stalled the arraignment. It was subsequently adjourned to February 13 to enable EFCC serve the defendants properly.
At the adjourned date on February 13, defence counsel had urged the court to hear their preliminary objection to the suit.
First defence counsel, Chief Wole Olanipekun (SAN) had cited plethora of authorities, raising objections to the charge.
Other defense counsel individually made arguments before the court, citing authorities to persuade the court to hear the respective applications of their clients .
But responding, EFCC prosecutor, Mr Rotimi Oyedepo (SAN) had cited various authorities in support of arraignment of the defendants
After arguments by counsel to parties, the court had then reserved ruling to Monday March 17 (today)
Delivering ruling on Monday, Justice Chukwujekwu Aneke held that it is now a settled principle of law , that the plea of a defendant must first be taken before an application.
The court relied on the authority of Onnoghen V FRN, Bello v FRN amongst others, and held that an arraignment must be taken before any application.
“The issue before the court is whether the processes before the court can be taken before the arraignment of the defendants.
“Any preliminary objection to the validity of a charge can only be heard after plea is taken; this iis now a condition precedent and this court is bound by the decision.
“I agree with learned counsel for the prosecuton, no preliminary objection can be taken without arraignment of the defendants.
“This is my view ” the court held
After the courts ruling, Olanipekun thanked the court and informed him that parties are taking steps to arrive at a peaceful resolution.
He told the court that on March 12, counsel to all parties including the prosection, had convened a meeting under the auspices of the Attorney General.
He told the court that talks were on to arrive at a peaceful settlement of the case and urged the court to grant an adjournment for report of settlement.
Other defence counsel: Messrs Kehinde Ogunwumiju (SAN), Olumide Fusika (SAN), and Charles Adeosun-Phillips (SAN) also confirmed the position to the court and urged the. court to grant an adjournment for report of the settlement talks.
However, counsel representing the prosecutor, Mrs Bilikisu Buhari, urged the court to adjourn for either report or arraigment, but the defence counsel argued that same should not be the case
The defence urged the court to help parties arrive at a peaceful settlement, by granting an adjournment for report of settlement so as not to prejudice the settlement talks.
Specifically, third defence counsel, Ogunwumiju, told the court that the Attorney General had urged parties not to file further processes in the suit so as to foster settlement.
The defence unanimously, urged the court to only adjourn for report of settlement.
Consequently, Justice Aneke adjourned the case to May 8, for report of settlement.
