Kemisola Oye
A Federal High Court sitting in Lagos earlier today (Monday 17 March 2025) ordered that the former Chairman of First Bank of Nigeria Plc, Oba Otudeko and its ex-managing Director, Bisi Oredanya, be arraigned on an alleged 12.3b fraud.
Delivering ruling today, Justice Aneke held that it is now a settled principle of law that the plea of a defendant must first be taken before any application.
The court relied on the authority of Onnoghen V FRN, Bello v FRN among others, and held that an arraignment must be taken before any preliminary objection.
“The issue before the court is whether the processes before the court can be taken before the arraignment of the defendants.
“Any preliminary objection to the validity of a charge can only be heard after plea is taken; this is now a condition precedent and this court is bound by the decision.
“I agree with learned counsel for the prosecution, no preliminary objection can be taken without arraignment of the defendants.
“This is my view”, the court held.
Olanipekun then informed the court that parties were exploring settlement and urged the court to adjourn for report of settlement.
In a swift reaction, counsel for the prosecution, Bilkisu Buhari- Bala thanked the court for the ruling and urged it to grant an adjournment for either arraignment or report of settlement.
Despite repeated arguments by counsel arguing that the matter should be for a report of settlement, Buhari maintained her application that the case should be adjourned for either arraignment or a report of settlement.
The court has now adjourned the case to the 8th of May for a report.
Eighteen-Eleven Media