A Federal High Court Lagos, on Monday, adjourned until May 8, for report of settlement in a suit against Chairman of the Honeywell Group, Oba Otudeko and others.
The News Agency of Nigeria (NAN) reports that EFCC preferred a 13-count charge against Otudeko and a former Managing Director of First Bank Plc, Olabisi Onasanya.
Also charged is a former board member of Honeywell, Soji Akintayo and a firm, Anchorage Leisure Ltd.
The N12.3 billion charge is marked FHC/L/20C/2025.
NAN reports that the case was earlier scheduled for arraignment on Jan. 20, but the defendants were absent on the grounds that the EFCC had not served them with any charge.
At the last adjourned date on Feb. 13, 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 plethora of authorities, raising objections to the charge.
Other defense counsel also made arguments before the court, each, citing authorities to persuade the court in favour of their respective applications.
The prosecutor, Mr Rotimi Oyedepo (SAN) on his part, had also responded to their application and had cited diverse authorities in support of arraignment of the defendants
The court had then reserved ruling to today.
Delivering ruling on Monday, Justice Chukwujekwu Aneke held that it is now a settled principle of law , that the plea of a defendant must first be taken before an application.
The court relied on the authority of Onnoghen V FRN, Bello v FRN 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 plea is taken; this iis now a condition precedent and this court is bound by the decision.
“I agree with learned counsel for the prosecuton, no preliminary objection can be taken without arraignment of the defendants.
“This is my view ” the court held.
After the courts ruling, Olanipekun thanked the court and informed that parties are taking steps to arrive at a peaceful resolution.
He told the court that on March 12, counsel to all parties including the prosection, had convened a meeting under the auspices of the Attorney General.
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 report of settlement.
Other defence counsel: Messrs Kehinde Ogunwumiju (SAN), Olumide Fusika (SAN), and Charles Adeosun-Phillips (SAN) also confirmed the position to the count
Defence Counsel urged the. court to grant an adjournment for report of the settlement talks.
Although counsel representing the prosecutor, Mrs Bilikisu Buhari, urged the court to a adjourn for either report or arraigment, defence counsel argued that same should not be the case
Defence urged the court to help parties arrive at a peaceful settlement, by granting an adjournment for report of settlement so as not to prejudice the settlement talks.
Specifically, third defence counsel, Ogunwumiju, had 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 report of settlement.
The court consequently, adjourned the case to May 8, for report of settlement.
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