Alleged ₦12.3bn Fraud: Otudeko’s Absence Stalls Arraignment

Alleged ₦12.3bn Fraud: Otudeko’s Absence Stalls Arraignment

The Chairman of Honeywell Group, Oba Otudeko, was absent on Thursday at the Federal High Court sitting in Lagos for his arraignment on a charge of allegedly obtaining the sum of ₦12.3bn from First Bank under false pretences.

His co-defendant, the former Managing Director of First Bank, Olabisi Onasanya and a former member of the board member of Honeywell Flour Mills PLC, Soji Akintayo were however present. The fourth defendant in the case is a company linked to Otudeko, named Anchorage Leisure Ltd.

Wole Olanipekun (SAN), who represented the first defendant, informed the court that his client, Otudeko had filed an application, dated January 28, 2025, explaining his absence.

The application stated that Otudeko left Nigeria on January 16, 2025, for medical treatment in the United Kingdom, arriving at Heathrow Airport the same day. Olanipekun emphasised that Otudeko had left the country lawfully and did not abscond.

In his response, Counsel to the Economic and Financial Crimes Commission (EFCC), Rotimi Oyedepo (SAN) reminded the court that the matter had been adjourned for the arraignment of the defendants, and the prosecution had followed the court’s directive to serve the defendants by substituted means.

He asked for an undertaking from the first defendant, Otudeko on when he will be back in the country for his arraignment.

Counsel for the 2nd, 3rd, and 4th defendants, Olasupo Shasore (SAN), Kehinde Ogunwumiju (SAN) and Ade Adedeji (SAN) in their submissions argued that their various applications challenging the court’s jurisdiction should first be heard and determined before arraignment.

Shasore specifically told the court that the absence of the first defendant cannot delay the hearing of the application challenging the jurisdiction of the court. He noted that it is within the discretion of the court to hear the application.

Adedeji in his submission informed the court there are so many authorities to the effect that the application challenging jurisdiction can be taken now and it will amount to injustice if such an application is not taken before arraignment.

Olanipekun citing Barclays Bank & Central Bank of Nigeria (CBN) stressed that the court has jurisdiction first to assume jurisdiction on whether or not it has jurisdiction.

He urged the court to schedule a hearing for the applications filed by the defendants, stressing that such motions should not be dismissed merely because they might be viewed as tedious by the prosecution.

In response, Oyedepo asked the court to discountenance the arguments and instead give precedence to arraignment.

the next hearing on March 17th.

However, Olanipekun, responded that the first defendant was under medical review and had been advised to remain in the UK until a comprehensive evaluation had been conducted.

He requested that the court adjourn the case for the hearing of the defence applications instead of issuing a summons for his client to appear.

After hearing arguments from all parties, Justice Aneke adjourned until March 17 to rule on whether to hear the arguments challenging the jurisdiction of the court.