A Federal High Court in Lagos has ordered Oba Otudeko to appear and take his plea in a case filed by the Economic and Financial Crimes Commission (EFCC) over an alleged N30 billion loan fraud.
The directive was issued on Monday by Justice Chukwujekwu Aneke, who emphasized that Otudeko must respond to the charges before the court can hear any application challenging its jurisdiction.
The EFCC had earlier filed a 13-count charge against Otudeko and three others in connection with the alleged financial misconduct.
“The issue before the court is whether the processes can be taken before the arraignment of the defendants. Any preliminary objection to the validity of a charge can only be heard after the plea is taken. This is now a condition precedent, and this court is bound by the decision. I agree with the learned counsel for the prosecution—no preliminary objection can be taken without the arraignment of the defendants. This is my view,” Justice Aneke said.
At a hearing on February 13, Otudeko’s lawyers had argued that their objections should be heard before they take their plea, but the court has now ruled against that request.
Despite the ruling, Otudeko’s lead lawyer, Chief Wole Olanipekun (SAN), told the court that efforts are being made to settle the matter out of court. He said a meeting was held on March 12 with key parties, especially the first defendant and the prosecution.
Other defence lawyers, Kehinde Ogunwumiju (SAN), Adeyinka Olumide-Fusika (SAN), and Charles Adeosun-Phillips (SAN), supported Olanipekun’s request for the case to be postponed so that settlement talks could continue without disruption.
However, prosecuting counsel Bilkisu Buhari-Bala requested an adjournment for either an arraignment or a settlement report. Despite the defence’s insistence on a settlement report, Buhari-Bala maintained that proceedings should continue with either an arraignment or an update on settlement efforts.
Prompt News reports that the matter has been adjourned to May 8 for further proceedings.
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