[UPDATED] Alleged N12.3bn fraud: Otudeko, others opt for out-of-court settlement

Justice Chukwujekwu Aneke of the Federal High Court in Lagos on Monday adjourned till May 8, 2025, for a report of settlement in an alleged N12.3bn fraud case against Chairman of the Honeywell Group, Oba Otudeko, and three others.

The court fixed the date following an agreement by all parties to allow the Minister of Justice and Attorney-General of the Federation , Lateef Fagbemi (SAN), to mediate and facilitate an amicable resolution of the matter.

Otudeko, alongside a former Managing Director of First Bank Plc, Olabisi Onasanya, a former board member of Honeywell, Soji Akintayo and a firm, Anchorage Leisure Ltd in the charge marked FHC/L/20C/2025, are facing 13 counts bordering on obtaining under false pretences preferred against them by the Economic and Financial Crimes’s Commission.

When the case was called on Monday, the prosecution counsel, Mrs Bilikisu Buhari, announced her appearance, while Chief Wole Olanipekun (SAN) appeared for the first defendant (Otudeko).

Mr. Olumide Fusika (SAN) represented the second defendant, Mr. Kehinde Ogunwumiju (SAN) appeared for the third defendant, while Dr. Charles Adeogun-Philips (SAN) represented the fourth defendant.

Also, Mr. Babajide Koku (SAN) held a watching brief for First Bank as the nominal complainant.

The case was initially scheduled for arraignment on January 20, 2025, but the defendants were absent on the grounds that the EFCC had not served them with any charge.

On 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 counsel also made arguments before the court, each citing authorities to buttress their points in their respective applications.

The prosecutor, Mr Rotimi Oyedepo (SAN) on his part, had also responded to their application and had cited series of authorities in support of the arraignment of the defendants.

Earlier in his ruling on various applications challenging the jurisdiction of the court to entertain the charge, Justice Aneke held that under Section 396(2) of the Administration of Criminal Justice Act (ACJA), the defendants must be arraigned before any applications challenging the court’s jurisdiction can be taken.

“It is now a settled principle of law that the plea of a defendant must first be taken before an application,” Aneke said.

The court cited authorities and relied on the decisions of Onnoghen V FRN, Bello v FRN cases among others, and held that an arraignment must 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 a 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 held.

Following the ruling, 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.

Consequently, he urged the court to adjourn the case for a settlement report.

However, EFCC prosecutor, Buhari, opposed the adjournment solely for a settlement report, insisting that the next hearing should also include the defendants’ arraignment.

In response, Olanipekun reaffirmed that the AGF was actively mediating the settlement.

Other defence counsel, including Ogunwumiju (SAN), Fusika (SAN), and Adeogun-Philips (SAN), as well as First Bank’s counsel, Babajide Koku (SAN), confirmed their participation in the settlement meeting and supported the adjournment.

After considering the submissions, Justice Aneke granted the request and adjourned the matter to May 8, 2025, for a report on the settlement progress.