The Federal Court in Lagos has scheduled 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 others.
The court fixed the date following arguments heard from counsel representing the Economic and Financial Crimes Commission (EFCC) and the defendants.
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 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 for the compliant (First Bank).
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 same 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.
He prayed the court for an order restraining the Economic and Financial Crimes Commission (EFCC) or its agents, officials, staff, officers, or any person howsoever described from arresting, inviting, detaining, harassing and molesting the 3rd defendant/applicant on account of this charge pending the determination of this Motion on Notice.
The application is also seeking for an order striking out the name of the 3rd defendant from the charge as the proof of evidence does not disclose anything linking him to the offences mentioned in the charge
But 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.
He submitted that court has the power and requisite jurisdiction to hear and determine each of the counts contained in the instant criminal charge.
Following the submissions of counsel, Justice Aneke adjourned till March 17 for ruling.
