The Federal High Court in Lagos has issued an order for substituted service of charges on Oba Otudeko, Chairman of the Honeywell Group, and Stephen Onasanya, former Managing Director of First Bank.
The order was given during proceedings on Monday after both individuals failed to appear for their scheduled arraignment on allegations involving N12.3 billion fraud.
Justice C.J. Aneke presided over the case, which involves 13 counts of alleged fraud filed by the Economic and Financial Crimes Commission (EFCC). The charges also name Soji Akintayo, a former board member of Honeywell, and Anchorage Leisure Limited, a company reportedly linked to Otudeko, as co-defendants.
During the session, lawyers for the absent defendants argued that their clients had not been served the necessary court documents.
Senior Advocate of Nigeria (SAN) Bode Olanipekun, representing Otudeko, said, “I appeared in protest because the charges were not served on my client.” Similarly, Stephen Onasanya’s lawyer, Adeyinka Olumide-Fusika (SAN), revealed that he obtained a printed copy of the charge sheet independently but maintained that proper service had not been effected.
When questioned by Justice Aneke about how they became aware of the court proceedings without official service, the defense attorneys pointed to media reports. Olanipekun presented copies of newspapers that had widely publicized the case, arguing that this had unfairly drawn public attention to his client before legal formalities were completed.
In response, EFCC prosecutor Rotimi Oyedepo (SAN) asserted that multiple attempts had been made to serve the defendants but were unsuccessful. He then sought permission for substituted service, allowing the charges to be delivered through alternative methods, such as publication or leaving them at known addresses.
Justice Aneke granted the request, and the prosecutor promptly handed a copy of the charge sheet to Onasanya’s lawyer, who offered to accept it on his client’s behalf.
The court subsequently adjourned the case to February 13, 2025, for arraignment. According to the EFCC, the defendants allegedly obtained N12.3 billion from First Bank between 2013 and 2014 under false pretenses, including misrepresented credit applications involving companies such as Tech Dynamic Links Limited and Stallion Nigeria Limited.
The anti-graft agency claims the actions contravene the Advance Fee Fraud and Other Fraud Related Offences Act 2006, with punishments outlined under Section 1(3) of the Act.
