The Federal High Court sitting in Lagos has ordered the arraignment of former Chairman of First Bank of Nigeria Plc, Oba Otudeko, and its former Managing Director, Bisi Onasanya, over an alleged ₦12.3 billion fraud.
The order was given by Justice Chukwujekwu Aneke on Monday.Delivering the ruling, Justice Aneke held that it is a settled principle of law that a defendant’s plea must be taken before any application can be considered.
The court relied on the authorities of Onnoghen v. FRN and Bello v. FRN, among others, stating that an arraignment must occur before any preliminary objection.“The issue before the court is whether the processes can be taken before the arraignment of the defendants.
Any preliminary objection to the validity of a charge can only be heard after the plea is taken. “This is now a condition precedent, and this court is bound by the decision. I agree with the learned counsel for the prosecution—no preliminary objection can be taken without the arraignment of the defendants.
This is my view,” the court held.Defense counsel Olanipekun then informed the court that parties were exploring a settlement and urged an adjournment for a report on the discussions.In response, prosecuting counsel Bilkisu Buhari-Bala thanked the court for its ruling and requested an adjournment for either the arraignment or a report on the settlement.
Despite repeated arguments from the defense that the case should be adjourned strictly for a settlement report, Buhari-Bala maintained her stance that the matter should proceed with either an arraignment or an update on settlement efforts.The court subsequently adjourned the case to May 8 for a report.
According to the charge, the defendant allegedly committed the offence in September 2023 on Lagos Island. He was accused of impersonating one Amanda Glory on Instagram to obtain fraudulent gains.The alleged offence contravenes Section 22(2)(b) of the Cybercrime (Prohibition) Act, 2015 and Section 18(1)(a) of the EFCC Act, 2004.
Post Views: 1
Follow The Eagle Online Channel on WhatsApp
