- Court rejects EFCC’s arrest warrant request for Otudeko, Onasanya due to lack of formal service.
- EFCC faces criticism for procedural breaches and potential public prejudice.
- Case adjourned to February 13, 2025, with both Otudeko and Onasanya denying allegations.
EKO HOT BLOG reports that the court considered multiple motions, including the prosecutor’s request for the warrant, which was rejected due to the lack of proper service. However, the judge granted an application for substituted service. The case has been adjourned to February 13, 2025, for arraignment.
Bode Olanipekun, representing Dr. Otudeko, also sought an order to restrain the media from irresponsible reporting. In response, the judge advised all parties to avoid media misconduct and urged journalists to report court proceedings accurately.
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The case has raised concerns about procedural lapses at the EFCC, with critics accusing the agency of bypassing formal service to the defendants before making public disclosures. Legal experts argue that this could undermine the principle of fair hearing and lead to prejudicing the public against the accused.
One anonymous lawyer commented, “The EFCC’s actions violate Section 36(5) of the Constitution, which guarantees the presumption of innocence until proven guilty. The agency also disregarded Order 3, Rule 8 of the Federal High Court (Criminal Procedure) Rules, 2024, which mandates that charges must be formally served before being made public.”
This breach of procedure has led to concerns that Otudeko and the other accused individuals have been subjected to trial by media, resulting in unnecessary public distrust.
Observers have also noted that the revival of this 12-year-old case, which was previously investigated by the EFCC, coincides with ongoing disputes over shareholding control at FBN Holdings. This has prompted speculation that the timing may be connected to the ongoing tussle for influence in the financial institution.
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The EFCC’s actions are believed to have caused reputational damage to Dr. Otudeko and others, raising questions about the impartiality of the judicial process. A legal expert stated, “Such reckless actions by law enforcement agencies harm public trust and unfairly tarnish reputations.”
Dr. Otudeko has firmly denied the allegations against him, which relate to his previous role as a non-executive director at First Bank of Nigeria. In a statement, he expressed confidence that the truth would prevail in due course. Dr. Onasanya, who is also implicated, denied any involvement in the First Bank control dispute and reaffirmed his impeccable professional record over four decades of service.
The case has been adjourned to February 13, 2025.
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