Court denies EFCC request for arrest warrant, grants substituted service, adjourns case until February 13 for arraignment of defendants
By Jeph Ajobaju, Chief Copy Editor
A Federal High Court in Ikoyi, Lagos on Monday denied a request by the Economic and Financial Crimes Commission (EFCC) to issue an arrest warrant for Oba Otudeko, Bisi Onasanya, and others due to a lack of formal service on the defendants.
Otudeko, former FirstBank non-executive director; Onasanya, former Managing Director of the bank; and others are facing allegations of fraud worth N12.3 billion.
The court addressed multiple motions during the session, including the prosecutor’s request for a warrant of arrest, which Judge Chukwujekwu Aneke denied because there is no formal service of court papers on the defendants.
A 13-count charge the EFCC preferred against the defendants is yet to be served on them by the EFCC.
However, the Judge on Monday granted an application for substituted service.
Also to be arraigned is a former board member of Honeywell, Soji Akintayo, and a firm, Anchorage Leisure Ltd.
The defendants are accused of obtaining N12.3 billion from FirstBank under pretence.
When the case was called, Otudeko’s counsel Bode Olanipekun SAN, informed the court that he was appearing in protest as the charge had not been served on his client.
Aneke then raised a question as to the appearance of all defence counsel in court if they claimed their clients had not been served.
In response, Olanipekun sought an order restraining parties from irresponsible use of the media, saying the media was awash on January 17 with screaming headlines that the defendants would be arraigned on Monday.
He showed the court several national dailies with the report and read out portions of it showing the defendants would appear before Aneke, which he described as most unfair especially as no charge was served on his client, per reporting by The Nation.
The Judge advised all parties to exercise restraint in media engagement and urged journalists to ensure accurate reporting of court proceedings.
Olumide Fusika SAN, who announced appearance for the second defendant, informed the court that he had a copy of the charge, though not served, but which he printed.
Kehinde Ogunwumiju SAN, appeared for the third defendant; and Adeogun Philips SAN, announced appearance for the fourth defendant.
But Philips also informed the court that his appearance was in protest as his client was never served with any charge.
When Aneke raised a question as to the appearance of all defence counsel in court if they claimed the defendants had not been served, EFCC prosecutor Rotimi Oyedepo SAN, told the court that efforts were made severally to effect service on the defendants without success.
Following a directive by the court to issue service on the second defence counsel who had expressed willingness to accept it, Rotimi handed Fusika a copy of the charge in court.
The court adjourned the case until February 13 for the arraignment of the defendants.
Otudeko has denied the allegations which centre around his involvement with FirstBank where he served as a non-executive director and left about four years ago.
He said in a statement at the weekend that he is confident that the truth will prevail in due course and looks forward to addressing these claims in the appropriate forum to protect his reputation.
Otudeko, however, reportedly fled the country at the weekend after persistent news of his arraignment by the EFCC on Monday.
Onasanya also denied the allegations in a statement, standing his ground that his “stellar reputation of integrity, built over four decades of impeccable professional service, cannot and will not be tarnished by these false allegations and incorrect charges.”
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