The Federal High Court in Ikoyi, Lagos, presided over by Justice Chukwujekwu Aneke, has rejected the request by the Economic and Financial Crimes Commission (EFCC) to issue an arrest warrant against Dr. Oba Otudeko, Dr. Bisi Onasanya, and other individuals involved in a high-profile case.
The decision was based on the failure to properly serve the defendants with charges.
The court did, however, grant an application for substituted service, allowing the EFCC to use alternative means to notify the accused.
The case has been adjourned to February 13th for further proceedings.
During the court session, Bode Olanipekun, representing Dr. Otudeko, sought an order to prevent the misuse of media in relation to the case, highlighting the negative impact of sensationalized reporting.
The judge took this opportunity to caution all parties involved to refrain from publicizing the matter irresponsibly, urging journalists to ensure accurate coverage of court activities.
The case has sparked controversy, with many criticizing the EFCC for violating procedural norms by publicly announcing charges without formally notifying the accused.
Legal experts have pointed out that this move undermines the presumption of innocence guaranteed by the Nigerian Constitution and goes against established rules governing criminal proceedings.
A legal professional, speaking anonymously, remarked: “The EFCC’s actions contravene Section 36(5) of the Constitution, which ensures that individuals are presumed innocent until proven guilty. Moreover, they’ve disregarded the Federal High Court’s procedural rules, which mandate that charges must be served before being made public.”
The incident has been described as an example of “trial by media,” raising concerns about the fairness of the case and the potential for public prejudice against the accused.
Some observers have noted that the revival of this 12-year-old investigation coincides with ongoing disputes over governance and control of FBN Holdings, fueling speculation that the EFCC’s actions could be politically motivated, aimed at influencing the outcome of the corporate battle.
Critics argue that the move might also damage the reputations of those involved, especially Dr. Otudeko, who served as a non-executive director at First Bank before stepping down four years ago.
Dr. Otudeko has vehemently denied the allegations made against him by the EFCC, emphasizing that he is confident the truth will eventually come to light.
He stated that he looks forward to clearing his name in the appropriate legal forum. Dr. Onasanya, who also faces charges, similarly defended his record, stating that his decades-long career built on integrity would not be overshadowed by false claims.
The case has now been rescheduled for February 13th, as both the legal and public scrutiny continues to unfold.
