Court Rejects EFCC’s Arrest Warrant for Otudeko, Onasanya
Justice Chukwujekwu Aneke of the Federal High Court in Ikoyi, Lagos, has denied the Economic and Financial Crimes Commission’s (EFCC) request for an arrest warrant against Dr. Oba Otudeko, Dr. Bisi Onasanya, and others, citing a lack of formal service on the defendants. The court addressed several motions, including the prosecutor’s request for an arrest warrant, which was dismissed due to procedural flaws. However, the judge granted an application for substituted service. The case has been adjourned to February 13 for arraignment.
During the session, Bode Olanipekun, counsel for Dr. Otudeko, sought an order to prevent the irresponsible use of the media in the case. Justice Aneke advised all parties to avoid media excesses and urged journalists to report the court proceedings accurately.
The case has brought the EFCC under scrutiny for allegedly bypassing proper legal procedures. Critics have questioned the agency’s decision to publicise the charges without first formally serving Otudeko and the other accused parties. Legal experts argue that this undermines the constitutional right to a fair hearing and may prejudice public opinion against the defendants.
One anonymous lawyer commented, “The EFCC’s conduct flies in the face of Section 36(5) of the Constitution, which guarantees the presumption of innocence until proven guilty. Even more troubling is their disregard for Order 3, Rule 8 of the Federal High Court (Criminal Procedure) Rules, 2024, which clearly states that charges must be formally served before any public disclosures are made.”
The case has also raised questions about the timing of the charges, with observers noting that the revival of a 12-year-old investigation coincides with ongoing governance and shareholding disputes at First Bank of Nigeria (FBN), where Otudeko had previously served as a non-executive director. Some have speculated that the charges may be an attempt to influence the outcome of the ongoing power struggle at FBN Holdings.
See Also: Court to Hear N12.3bn Fraud Case Against Otudeko
Legal experts have expressed concern about the reputational damage caused by the EFCC’s actions, which they believe have subjected the accused to a “trial by media.” “These kinds of reckless actions by law enforcement agencies do more harm than good. They erode public trust in the system and unfairly tarnish the reputation of individuals involved,” one legal expert said.
Dr. Otudeko has strongly denied the allegations against him, which centre around his tenure at FBN. In a statement, he emphasised that he is confident the truth will prevail and that he looks forward to addressing the charges in the appropriate legal forum. Similarly, Dr. Onasanya, who has denied any involvement in the dispute over control at FBN, reiterated his commitment to his professional record. “My stellar reputation of integrity, built over four decades of impeccable professional service, cannot and will not be tarnished by these false allegations and incorrect charges,” he said.
The case is now scheduled for arraignment on February 13.
Content Credit| Agbetan Bisola
Picture Credit | https://gazettengr.com/
