Justice C Aneke of the Federal Court, Lagos has set March 17, 2025, to rule on various applications challenging its jurisdiction to hear a 13-count charge filed against Oba Otudeko, the former chairman of First Bank Nigeria (FBN), and three others over alleged fraud.
The ruling followed arguments heard from counsel representing the Economic and Financial Crimes Commission (EFCC) and the defendants.
While Otudeko was absent from the court, Stephen Olabisi Onasanya, the former group managing director of FBN, and Soji Akintayo, a former board member of Honeywell Flour Mills PLC, were present.
Rotimi Oyedepo, SAN, appeared for the prosecution, while Chief Wole Olanipekun SAN, Oladipo Shasore SAN, Kehide Ogunwumiju, and Ade Adedeji SAN appeared for the 1st to 4th defendant. Also, Mr. Jide Koku SAN announced appearance for the complainant (First Bank)
Chief Olanipekun informed the court that 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 next day.
Olanipekun emphasized that Otudeko had left the country lawfully and did not abscond.
In response, Oyedepo 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.
Counsel for the 2nd, 3rd, and 4th defendants, including Ogunwumiju SAN, Adedeji SAN, and Shasore SAN, argued that the court should first hear their application challenging its jurisdiction before proceeding with the case.
Specifically, Ogunwumiju SAN, in his application dated February 10, 2025, requested the court to quash or decline jurisdiction over counts 1 to 10, alleging abuse of judicial process and a lack of prima facie evidence.
EFCC Prosecutor Oyedepo countered, stating that the allegations in the 13-count charge stemmed from a detailed investigation, revealing that the 1st and 2nd defendants colluded to defraud First Bank.
He asserted that the charge was filed in accordance with the provisions of the Administration of Criminal Justice Act, 2015, and there was no requirement for the prosecution to file an affidavit of investigation completion before filing charges.
Following the submissions of the counsel, Justice Aneke adjourned till March 17 for ruling.
