The Federal High Court in Lagos has mounted December 1 to listen to a preliminary objection filed by businessman Jimmy Okojie Odiamehi difficult the competence of a three-count cost accusing him of fraud involving N673.75 million in rental earnings from a Lekki property.
The trial decide, Justice Ambrose Lewis-Allagoa mounted the date after directing the prosecution and defence to handle him on whether or not the objection to the courtroom’s jurisdiction to listen to the cost could possibly be thought-about earlier than the defendant enters his plea.
Odiamehi’s deliberate arraignment couldn’t proceed as a result of he didn’t seem in courtroom, prompting the prosecution to request a bench warrant for his arrest.
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The prosecutor, Usman Rabiu, informed the courtroom that the defendant knew concerning the arraignment however failed to seem; citing Section 113 of the Administration of Criminal Justice Act (ACJA), 2015, he urged the decide to situation a bench warrant.
The defence counsel, Bernard Udemba, opposed the request, arguing that the cost amounted to an abuse of courtroom course of, stating that his consumer had filed a preliminary objection difficult the cost’s competence.
The prosecutor responded that the applying was meant to delay the defendant’s arraignment.
To deal with the dispute, Justice Lewis-Allagoa requested whether or not the defence might transfer its preliminary objection on the courtroom’s jurisdiction earlier than the defendant entered his plea, regardless of his absence.
“Question that arises is whether the defence counsel is allowed to move its notice of objection bordering on the jurisdiction of this Honourable Court to entertain the charge, even though the defendant is absent to take his plea,” the decide mentioned.
After reviewing a number of judicial authorities, the decide directed each events to handle the courtroom on whether or not it might hear the preliminary objection earlier than the defendant enters his plea.
The federal authorities had filed the case, marked FHC/LAG/CR/443/2026, in opposition to Odiamehi over allegations of fraud and the retention and use of proceeds allegedly obtained by means of fraudulent means.
According to the prosecution, the alleged offences occurred between February 2016 and May 2026 and concerned a property owned by Engineer Godwin Omene at 7, Fola Osibo Street, Lekki Phase I, Lagos State.
In the primary rely, Odiamehi was accused of falsely telling Omene that he would develop the property for the proprietor’s profit, allegedly inducing him to offer the defendant possession, entry and management of the premises, together with different proprietary advantages.
The second rely alleged that Odiamehi relied on a purported declare of lawful authority over the property to gather N673,753,534 in hire from tenants occupying the premises.
In the third rely, he was accused of knowingly retaining and utilizing the identical quantity, which the prosecution described as proceeds obtained by means of fraudulent means.
The alleged offences are mentioned to contravene provisions of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006, together with Sections 1(1)(a) and 17(a), and are punishable below Section 1(3) of the Act.
His plea is but to be taken.
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