The Federal High Court in Lagos has ordered Oba Otudeko, Chairman of Honeywell Group, to take his plea in the N12.3 billion fraud charges instituted against him by the Economic and Financial Crimes Commission (EFCC).
Justice Chukwujekwu Aneke gave the order on Monday, according to a statement by the EFCC tagged “Court Orders Oba Otudeko To Show Up For Arraignment for Alleged N12.3bn Fraud.”
Otudeko was charged alongside a former Managing Director of First Bank Plc, Olabisi Onasanya; a former board member of Honeywell, Soji Akintayo and a firm, Anchorage Leisure Limited on a 13-count charge, bordering on allegedly obtaining by false pretence to the tune of N12.3 billion.
The EFCC had accused the defendants, in a 13-count criminal charge, of fraudulently obtaining N12.3 billion from First Bank through various transactions between 2013 and 2014.
According to the charges previously reported by Nairametrics, the defendants allegedly secured N6.2 billion, N1.5 billion and other amounts in credit facilities under the pretext of loans applied for and disbursed to Stallion Nigeria Limited.
Some of the charges state:
“That you, CHIEF OBA OTUDEKO, STEPHEN OLABISI ONASANYA, SOJI AKINTAYO, AND ANCHORAGE LEISURE LIMITED, on or about the 26th day of November 2013 in Lagos, within the jurisdiction of this Honourable Court, conspired amongst yourselves to use the total sum of N6,150,000,000 (Six Billion, One Hundred and Fifty Million Naira Only), which you reasonably ought to have known forms part of proceeds of your unlawful activities, to wit: Obtaining by False Pretence. You thereby committed an offence contrary to Sections 18(a) and 15(2)(C) of the Money Laundering (Prohibition) Act, 2011 (as amended), punishable under Section 15(3) of the same Act.”
Argument on Court’s Jurisdiction
On February 13, 2025, Otudeko failed to appear for arraignment.
On that day, Otudeko’s counsel, Wole Olanipekun, SAN, notified the court of his fresh application which challenges the jurisdiction of the court to hear the case.
He stated that the application was served on the prosecution on January 29, 2025.
But EFCC counsel, Rotimi Oyedepo SAN objected, accusing the defence of attempting to stall the arraignment.
“The application is incurably defective. It is dead on arrival. I should not dignify an illegality. The law says you can’t raise it.
“I urge the court to adjourn for arraignment and then after the plea of the defendant, objections can be raised.
“Except there is an amendment to Section 396 of ACJA, I urge your lordship not to accede to the request of the defence,” Oyedepo stated and the court adjourned for a ruling.
What the judge said
Ruling on the application challenging jurisdiction, the judge said Otudeko must be arraigned before an application challenging the court’s jurisdiction on the case can be decided.
“This court is also bound by the cited decisions. So I agree with the prosecution that based on the current state of the law, no application by the defendant in the criminal matter can be taken or determined by the court before arraignment,” the judge said, as quoted by the Cable.
The judge subsequently adjourned the matter to May 8.
What you should know
- Nairametrics earlier reported that Otudeko, Olabisi Onasanya and other defendants are discussing a settlement in the alleged N12.3 billion fraud case under the supervision of the Office of the Attorney General of the Federation.
- Otudeko’s counsel, Chief Wole Olanipekun, (SAN), informed Justice Chukwujekwu Aneke of the Federal High Court Lagos on Monday that “parties were exploring a settlement”, in the case filed by the Economic and Financial Crimes Commission (EFCC).
- Nairametrics reports that if the settlement scales through, the court will adopt the agreement by the parties as its judgment in the case.