Hearing of application in $8.8m alleged fraud fixed for May 23
Justice Oluwatoyin Ipaye of a Lagos High Court, Ikeja, has fixed May 23, 2017 for the hearing of an application seeking to set aside arrest warrant issued against two Indian-British nationals, Deepak Khilnani and Sushil Chandra alleged to be involved in USD$8.8million fraud.
The duo were being prosecuted by the Director of Public Prosecution (DPP) for alleged conspiracy, cheating, stealing and false representation. They were alleged to have defrauded their Nigerian partner, Green Fuels Limited of USD$8.8 million in 2008.
They were accused of “fraudulently tricking 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 are yet to 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.Justice Atinuke on April 3,2017 issued an arrest warrant and directed the police to get the defendants, but their counsel, Kayode Ajekigbe, filed an application challenging the order and asked the court to set it aside because it was gotten through “wrong process”.
However, when the matter was called on Friday, 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.
He prayed the court for an order stopping further publication of the arrest warrant, alleging that the complainant and not the police, to whom the order was addressed, were sponsoring it.
After hearing the submission of defence counsel, Justice Ipaye issued a cease and desist order stopping the publication of the arrest warrant in respect of the two defendants and adjourned till May 23 for hearing of the application.