The proposed arraignment of the Chairman of the Honeywell Group Oba Otudeko, former Managing Director of First Bank Plc, Olabisi Onasanya and others, by the Economic and Financial Crimes Commission (EFCC) over alleged N12.3 billion fraud, could not take place on Monday – today, January 20 – as earlier announced, due to the absence of the defendants.
EFCC had preferred a 13- count charge against Otudeko, Onasanya and a former board member of Honeywell, Soji Akintayo and a firm, Anchorage Leisure Ltd. for allegedly obtaining N12.3billion from First Bank under pretence.
The arraignment of the defendants, which was slated for Monday couldn’t proceed due to the absence of Otudeko and others.
When the case was called, counsel to Otudeko, Mr Bode Olanipekun (SAN), who informed the court that he was appearing in protest in the case, said that the charge had not been served on his client.
Mr Adeyinka Olumide-Fusika (SAN) announced appearance for the second defendant and informed the court that he had a copy of the charge, which he printed.
Mr Kehinde Ogunwumiju (SAN) appeared for the third defendant while Mr Charles Adeogun -Philips (SAN) announced appearance for the fourth defendant in protest as well.
The defendants’ counsel informed the court that their clients were never served with any charge.
Justice Chukwujekwu Aneke then raised a question as to the appearance of all defence counsel in court, if they claimed the defendants had not been served.
In response, Olanipekun told the court that on January 17, the media was awash with screaming headlines, indicating that the defendants were to be arraigned on Monday.
He showed to the court several national dailies with the report, and also read out portions of the report, showing that the defendants were to appear before Justice Aneke.
He described such conduct as being most unfair, especially as no charge was served on his client.
In response, the prosecutor, Mr Rotimi Oyedepo (SAN) told the court that efforts had been made to effect service on the defendants without success.
He informed the court that the last known address of the first, second, and third defendants is No. 6b Mekuwen st. Ikoyi, while the last known address of the second defendant is No. 21, Ribadu Road Ikoyi.
Oyedepo, consequently, told the court that the prosecution had a motion for substituted service, at the last known addresses of these defendants.
He prayed the court to move his application, which the court did.
After moving his application, the second defence counsel informed the court that he was willing to undertake service of the charge for his client, since he had already taken steps to print it.
Following a directive by the court to issue service on the second defence counsel who had indicated willingness to accept the same, the prosecutor handed Olumide-Fusika a copy of the charge in court.
The court, consequently, adjourned the case until February 13, for arraignment of the defendants.
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According to the EFCC, the defendants committed the offence in tranches of N5.2 billion, N6.2 billion, N6.1 billion, N1.5 billion and N500 million, between 2013 and 2014 in Lagos,
The anti graft agency further alleged that the defendants forged documents to deceive the bank.
The offence contravenes the provisions of section 8(a) of Advance Fee Fraud and Other Fraud Related Offences Act 2006 and section 15 (2), 15(3), and 18(c) of the Money Laundering (Prohibition) Act, 2011
It also contravenes the provisions of section 3(6) of the Miscellaneous Offence Act, Cap M17 Law of the Federation, 2004, the EFCC added.
