Court condemns media trial, denies EFCC arrest warrant request

The Federal High Court in Ikoyi Lagos denied a request by EFCC to issue an Arrest warrant for Dr Oba Otudeko, Dr Bisi Onasanya and others due to lack of formal service on the defendants.

The court, presided over by Justice Chukwujekwu Aneke addressed multiple motions during the session.

Some of them included the Prosecutor’s request for a warrant of arrest, which the Judge rejected due to the lack of formal service to the defendants.

The Judge granted an application for substituted service. The case has been adjourned to 13th February for arraignment.

Additionally, Bode Olanipekun appearing for Dr Otudeko sought an order restraining parties from irresponsible use of the media and the Judge advised all parties to exercise restraint in media engagement and urged journalists present to ensure accurate reporting of court proceedings.

The case has brought the EFCC under scrutiny for allegedly flouting procedural norms. Critics have faulted the agency for going public with the charges without first formally serving Otudeko and other implicated parties. Legal experts argue that this approach undermines the principle of fair hearing and could prejudice the public against the accused.

One lawyer, who spoke under the condition of anonymity, said: “The EFCC’s conduct flies in the face of Section 36(5) of the Constitution, which guarantees the presumption of innocence until proven guilty. Even more troubling is their disregard for Order 3, Rule 8 of the Federal High Court (Criminal Procedure) Rules, 2024, which clearly states that charges must be formally served before any public disclosures are made.”

The lawyer added that this procedural breach has subjected Otudeko and others to trial by media, creating unnecessary public distrust.

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