……Rules Applications Challenging Court’s Jurisdiction Cannot Be Heard Now
A Federal High Court sitting in Lagos has adjourned till May 8, 2025, for a report on settlement in the case filed by the Economic and Financial Crimes Commission, EFCC, against Oba Otudeko, former chairman of First Bank Nigeria, FBN, and three others.
The decision of the court presided by Hon. Justice Chukwujekwu Aneke to adjourned the matter was based on the position presented by parties that they are facilitating ways to settle the matter out of court.
The court was informed that there was an agreement by all parties to allow the Minister of Justice and Attorney-General of the Federation, AGF, Lateef Fagbemi SAN, to mediate and facilitate an amicable resolution of the matter.
At the resume hearing of the case on Monday, Mrs. Bilikisu Buhari announced her appearance for the prosecution and Chief Wole Olanipekun (SAN), Mr. Olumide Fusika (SAN), Mr. Kehinde Ogunwumiju (SAN), and Dr. Charles Adeogun-Philips (SAN) represented the four defendants respectively.
Mr. Babajide Koku (SAN) watched brief for First Bank as the nominal complainant.
Ruling on earlier various applications challenging the jurisdiction of the court to entertain the charge, the judge held that under Section 396(2) of the Administration of Criminal Justice Act, ACJA, unless the defendants is formally arraigned the court cannot hear any applications challenging the court’s jurisdiction can be entertained.
Citing legal precedents, including the Court of Appeal’s decision in the Yahaya Bello vs. EFCC case, Justice Aneke held that no preliminary objections could be heard before arraignment.
Also, Chief Olanipekun informed the court that on March 12, 2025, counsel for all parties met with the AGF to explore an out-of-court settlement.
He stated that substantial progress was made, and the AGF directed all parties to refrain from actions that could jeopardise the resolution process, including filing further applications.
He also disclosed that the next meeting with the AGF is scheduled for April 9, 2025, at the AGF’s office in Abuja, hence he urged the court to adjourn the case for a settlement report.
The EFCC prosecutor Buhari opposed the adjournment solely for a settlement report, insisting that the next hearing should also include the defendants’ arraignment.
Responding to the Prosecution, Chief Olanipekun reaffirmed that the AGF was actively mediating the settlement.
Counsel to the defendants, Ogunwumiju (SAN), Fusika (SAN), Adeogun-Philips (SAN), as well as First Bank’s counsel, Babajide Koku (SAN), confirmed their participation in the settlement meeting and supported the adjournment.
Considering their submissions, Justice Aneke granted the request and adjourned the matter to May 8, 2025, for a report on the settlement progress.
The Commission had in a 13-count charge, claimed that the defendants, made and uttered forged documents to deceive the bank.
Count 1 accused the defendants of conspiring “to obtain the sum of N12.3Billion from First Bank Limited on the pretence that the said sum represented credit facilities applied for by V-TECH DYNAMIC LINKS LIMITED and Stallion Nigeria Limited, which representation you know to be false.”
In Count 2, it was alleged that the defendants, on or about 26th day of November, 2013 in Lagos, “obtained the sum of N5.2 Billion from First Bank Limited on the pretence that the said sum represented credit facilities applied for by V TECH DYNAMIC LINKS LIMITED which representation you know to be false.”
The 3rd count claimed that the defendants, between 2013 and 2014 in Lagos, obtained N6.2 Billion from First Bank Limited on the pretence that the said sum represented credit facilities applied for and disbursed to Stallion Nigeria Limited, which representation you know to be false.”
In the 4th count, they were accused of conspiring to spend the N6,15 Billion, out of the monies.
The EFCC has filed a 13-count charge against Otudeko, former First Bank Managing Director Olabisi Onasanya, former Honeywell board member Soji Akintayo, and Anchorage Leisure Ltd., alleging that they fraudulently obtained N12.3 billion from First Bank. The case is marked FHC/L/20C/2025.
