The expected and much publicised arraignment of Chairman of the Honeywell Group, Oba Otudeko and three others, over alleged N12.3 billion could not proceed on Monday as Counsel to the defendants announced appearance in protest, contending that no charge was served on their clients.
A 13-count charge preferred by the Economic and Financial Crimes Commission (EFCC) against Otudeko and a former Managing Director of First Bank Plc, Olabisi Onasanya is yet to be served on them by the EFCC.
Also to be arraigned is a former board member of Honeywell, Soji Akintayo and a firm, Anchorage Leisure Ltd.
In the charge marked FHC/L/20c/2025, the defendants were accused of allegedly obtaining N12.3billion from First Bank under pretence
When the case was called on Monday, Counsel to Otudeko, Mr Bode Olanipekun (SAN), informed the court that he was appearing in protest in the case, as the charge has not been served on his client.
Mr 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 he printed it.
Mr Kehinde Ogunwumiju (SAN) appeared for the third defendant while Mr Adeogun Philips (SAN) announced appearance for the fourth defendant in protest.
Philips also informed the court that his appearance was in protest as his client was never served with any charge.
Justice Chukwujekwu Aneke then raised a question as to the appearance of all defence counsel in court, if they clam the defendants had not been served.
In response, Olanipekun told the court that on January 17, the media was agog 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.
Responding, the prosecutor, Mr Rotimi Oyedepo (SAN) told the court that efforts were made severally, 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, Lagos while the last known address of the second defendant is No. 21, Ribadu Road Ikoyi, Lagos.
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 grant him leave to move his application and the court granted same.
After moving his application, second defence counsel informed the court that he is willing to undertake service of the charge for his client, since he had already taken steps to print same.
Following a directive by the court to issue service on the second defence counsel who had indicated willingness to accept same, the prosecutor handed 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, made and uttered 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.
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