News
A Lagos High Court sitting
in Ikeja Thursday struck out a $8.8m fraud charge brought against two British
nationals, Deepak Khilani and Sushil Chandra by the Lagos State Government.
The fraud allegation was
struck out by Justice Atinuke Ipaye following a notice of discontinuance filed
by Y.G Oshoala, Director of Directorate of Public Prosecution, DPP on behalf of
Attorney General and Commissioner for Justice, Lagos State.
Khilani and Chandra were
charge in 2015 for allegedly defrauding their Nigerian business partners Green
Fuels Limited of $8.8 million in 2008.
The trial had been
protracted since 2015 until recently when the state notified the court of its
plan to review the case.
During Thursday proceeding
,Prosecution Team led by Akin George informed the court that the state had
filed a notice of discontinuance dated June 29, 2017.
George told the court
that after reviewing the charges against
the defendants, the state Attorney General is of the view that there was no
need to pursue the trial.
"My Lord, we did
informed this court at the last adjourned date that the Attorney General is
reviewing this matter. The outcome of this review is that the state has filed a
notice of discontinuance of this trial. We pray the court to strike out this
matter," he said.
Following the submission
of the state prosecuting lawyer, counsel to the defendants, George Oguntade,
SAN, prayed the court to strike out the charges against his clients.
Oguntade also urged the
court to strike out an earlier arrest warrant issued against his clients.
A twist was however added
to the proceedings when a group of
lawyers led by one Ola Olayinka protested against the decision of the
Attorney General to discontinue the trial.
Olayinka told the court
that the matter was of public interest and that the Attorney General ought not
to discontinue such matter without giving any reason to the court.
However in a short ruling,
Justice Ipaye held that the statutory powers to initiate and discontinue a
criminal proceeding in Lagos State lies with the Attorney General.
"The state
represented by the Attorney General has the absolute powers to initiate and
discontinue a criminal proceeding. It is not for this court to mitigate or
investigate the exercise of this
legitimate powers. I see no reason why this charge should not be struck out.
This charge is hereby struck out,"
The judge also struck out
the warrant it had earlier issued for
the arrest of the two defendants.
" An order of arrest
made by this court for the arrest of the defendants dated April 3, 2017 is
hereby vacated. This matter is adjourned sine die," she held.
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