Counsel to Mr. Oba Otudeko in the alleged ₦12.3 billion fraud case, Wole Olanipekun (SAN), on Monday informed Justice Chukwujekwu Aneke of the Federal High Court, Lagos, that parties involved in the case were exploring a settlement with the EFCC under the supervision of the office of the Attorney-General of the Federation.
The EFCC had filed a suit against Otudeko who is the Chairman of Honeywell Group, a former board member of Honeywell Flour Mills Plc, Soji Akintayo and a company allegedly linked to Otudeko, Anchorage Leisure Ltd, in the suit marked FHC/L/20C/2025.
In a 13-count criminal charge, the EFCC accused the Defendants of fraudulently obtaining ₦12.3 billion from First Bank through various transactions between 2013 and 2014.
According to the charges, the Defendants allegedly secured ₦6.2 billion in credit facilities from First Bank Limited under the pretext of loans applied for and disbursed to Stallion Nigeria Limited.
The EFCC argued that the representations made by the Defendants were false and contravened Section 8(a) of the Advance Fee Fraud and Other Fraud Related Offences Act 2006, punishable under Section 1(3) of the same Act.
One of the charge reads:
“That you, CHIEF OBA OTUDEKO, STEPHEN OLABISI ONASANYA, SOJI AKINTAYO, AND ANCHORAGE LEISURE LIMITED, on or about the 26th day of November 2013 in Lagos, within the jurisdiction of this Honourable Court, conspired amongst yourselves to use the total sum of ₦6,150,000,000 (Six Billion, One Hundred and Fifty Million Naira Only), which you reasonably ought to have known forms part of proceeds of your unlawful activities, to wit: Obtaining by False Pretence. You thereby committed an offence contrary to Sections 18(a) and 15(2)(C) of the Money Laundering (Prohibition) Act, 2011 (as amended), punishable under Section 15(3) of the same Act.”
Another charge alleges:
“That you, CHIEF OBA OTUDEKO, STEPHEN OLABISI ONASANYA, SOJI AKINTAYO, AND ANCHORAGE LEISURE LIMITED, on or about the 11th day of December 2013 in Lagos, within the jurisdiction of this Honourable Court, procured Honeywell Flour Mills Plc to retain the sum of ₦1,500,000,000 (One Billion, Five Hundred Million Naira Only), which sum you reasonably ought to have known forms part of proceeds of your unlawful activities, to wit: Obtaining by False Pretence. You thereby committed an offence contrary to Section 18(c) and 15(2)(d) of the Money Laundering (Prohibition) Act, 2011 (as amended), punishable under Section 15(3) of the same Act.”
Additionally, the EFCC alleged that Otudeko, while serving as Chairman of First Bank, had a personal interest in a ₦6.15 billion loan facility sought by V-Tech Dynamics Links Limited.
The Commission alleges the interest was reportedly undeclared to the bank, constituting a violation of Section 18(1) of the Banks and Other Financial Institutions Act 2004, punishable under Section 18(2) of the same Act.
On February 13, 2025, Otudeko failed to appear in court for arraignment.
The Defence Counsel urged the Court to first determine their preliminary objections before arraignment and the court fixed the date for ruling.
Delivering a ruling on Monday, Justice Aneke disagreed with the defence team, holding that “it was a settled legal principle that a defendant’s plea must be taken before any preliminary objection can be heard.”
After the ruling, Olanipekun informed “the Court that settlement discussions were ongoing.”
He said, “A meeting was held on March 12 involving all parties, including the prosecution, under the Attorney-General’s supervision.”
He seized the moment to call for an adjournment for a report on the settlement.
Other Defence Counsel, including Messrs Kehinde Ogunwumiju (SAN), Olumide Fusika (SAN), and Charles Adeosun-Phillips (SAN), aligned with Olanipekun’s submission.
They urged the court to grant an adjournment solely for a settlement report, so as not to prejudice the settlement discussions by the parties.
The prosecution’s Counsel, Mrs Bilikisu Buhari, argued that the next adjourned date should be for either a settlement report or arraignment, in the event that settlement fails.
After hearing from the parties, the court granted the defence’s request and adjourned the case until May 8 for a report on the settlement or arraignment of the defendants.