A Federal High Court sitting in Lagos on Monday have ordered that the former chairman of First Bank of Nigeria Plc, Oba Otudeko and ex-managing director, Bisi Onasanya be arraigned on alleged N12.3 billion fraud.
Delivering ruling on Monday, Justice Chukwujeku Joseph Aneke, held that it is now a settled principle of law that the plea of a defendant must first be taken, before any application.
The court relied on the authority of Onnoghen Vs FRN, Bello vs FRN among others, and held that an arraignment must be taken before any preliminary objection.
“The issue before the Court is whether the processes before the Court can be taken before the arraignment of the defendants.
“Any preliminary objection to the validity of a charge can only be heard after plea is taken; this is now a condition precedent and this Court is bound by the decision.
“I agree with learned Counsel for the prosecution, no preliminary objection can be taken without arraignment of the defendants. This is my view,” the court said.
Chief Wole Olanipekun SAN then informed the Court that parties were exploring settlement and urged the Court to adjourn for report of settlement.
In a swift reaction, counsel for prosecution Ms.Bilkisu Buhari-Bala thanked the Court for the ruling and urged it to grant an adjournment for either arraignment or report of settlement.
Despite repeated arguments by Counsel arguing that the matter should be for report of settlement, Buhari-Bala maintained her application that the case should be adjourned for either arraignment or report of settlement.
The court has now adjourned the case to May 8 for report.
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, 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 Miscellanous Offence Act, Cap M17 Law of the Federation, 2004.
