Akin Kuponiyi
A Federal High Court sitting in Lagos, today Monday, adjourned till May 8, for a report of settlement in a case instituted against the Chairman of the Honeywell Group, Oba Otudeko and four others, as Attorney General of the Federation mediates for amicable settlement.
EFCC had filed 13 count charge of alleged N12.3 Billion against Oba Otudeko and a former Managing Director of First Bank Plc, Olabisi Onasanya, former board member of Honeywell, Soji Akintayo and a limited liability company Anchorage Leisure Ltd.
At the last adjourned date on February 13, 2025, the defence counsel had argued that the court ought to hear their preliminary objection to the suit. First defence counsel, Chief Wole Olanipekun (SAN) had cited a plethora of authorities, raising objections to the charge.
Other defence counsels also made arguments before the court, each, citing authorities to persuade the court in favour of their respective applications.
The EFCC prosecutor, Mr Rotimi Oyedepo (SAN) on his part, had also responded to their applications and had cited diverse authorities in support of the arraignment of the defendants.
Delivering the ruling today, the presiding Judge, Justice Chukwujekwu Aneke said that it is a settled principle of law, that the plea of a defendant must first be taken before any application.
“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 the plea is taken; this is now a condition precedent and this court is bound by that decision.
“This is my view ” the court ruled.
After the court’s ruling, Chief Olanipekun SAN thanked the court and informed him that the parties were taking steps to arrive at a peaceful resolution of the matter.
He told the court that on March 12, counsel to all parties including the prosecution, had convened a meeting under the auspices of the Attorney General of the Federation.
He told the court that talks were on to arrive at a peaceful settlement of the case and urged the court to grant an adjournment for a report of settlement.
Other defence counsel: Messrs Kehinde Ogunwumiju (SAN), Olumide Fusika (SAN), and Charles Adeosun-Phillips (SAN) also confirmed the position to the court.
Defence Counsels urged the court to grant an adjournment for a report of the settlement talks.
Although counsel representing the prosecutor, Mrs Bilikisu Buhari, urged the court to adjourn for either report or arraignment, defence counsel argued that the same should not be the case.
The defence urged the court to help parties arrive at a peaceful settlement, by granting an adjournment for a report of settlement so as not to prejudice the settlement talks.
Specifically, third defence counsel, Ogunwumiju SAN told the court that the Attorney General had urged parties not to file further processes in the suit so as to foster settlement.
Defence unanimously urged the court to only adjourn for a report of settlement.
Consequently, Justice Aneke adjourned the case to May 8, 2025, for a report of settlement.