An Ikeja High Court has fixed May 23
for the hearing of an application seeking to set aside the arrest warrant it
issued against two Indian-British nationals facing an alleged $8.8million
fraud.
The duo, Deepak Khilnani and Sushil
Chandra, are being prosecuted by the Director of Public Prosecution (DPP)
before Justice Atinuke Ipaye, for conspiracy, cheating, stealing and false
representation.
They were alleged to have defrauded
their Nigerian partner, Green Fuels Limited of $8.8 million in 2008.
The prosecution alleged that the duo
“fraudulently tricked Green Fuels Limited to pay greater sum for machinery
purchased from Gentec Limited than it would have paid for such machinery.”
Attempts to formally arraign the duo
in court have failed, as the defendants were alleged to have fled to London
since investigation commenced into the alleged fraud and haven’t returned to
Nigeria.
This prompted the prosecution led by
Senior State Counsel, Mrs. Bola Akinsete, to file an application for the arrest
of the defendants.
Although Justice Atinuke on April 3,
issued an arrest warrant and directed the police to get the defendants, their
lawyer, Kayode Ajekigbe, filed an application challenging the order and praying
that it be set aside because it was got through “ a wrong process.”
At the resumed hearing on May 6,
Ajekigbe informed the court of newspaper advertisements and publications on the
arrest warrant, which was being challenged, insisting that the publications
were done in bad fate.
Ajekigbe prayed the court for an
order stopping further publication of the arrest warrant, alleging that it was
being sponsored by the complainant and not the police, to whom the order was
addressed.
After hearing the submission of
defence counsel, Justice Ipaye withdrew the arrest warrant.
She said: “A cease and desist order
is hereby made stopping the publication of the arrest warrant issued by this
court in respect of the two defendants in this matter on an platform. This case
is adjourned till May 23 for hearing of the application.”
Earlier, Justice Ipaye frowned at
the casual attitude of the prosecution in handling the case.
She expressed dismay that the
prosecution, which failed to file response to the application challenging her
arrest order, sent a ‘baby’ lawyer who knows nothing about the case to court to
hold its brief.
“This is an indictment on the
prosecution team which has been served but decided to send a baby lawyer to
court.
“This court is being treated with a
level of casualness. This court is displeased with the attitude of the
prosecution,” she said.
Source:Thisday
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