A British chartered accountant, Deepak Khilnani, charged before a Lagos High Court over an $8.8m fraud has asked the court to dismiss the allegation for want of jurisdiction.
Khilnani made the request today in a preliminary notice of objection filed by his counsel, Mr Kayode Ajekigbe, before Justice Oluwatoyin Ipaye.
Khilnani and an alleged accomplice, Dr Sushil Chandra were charged to court by the Lagos State Directorate of Public Prosecutions (DPP) on a four-count charge of conspiracy, cheating, stealing and false representation.
The DPP had charged them for allegedly duping his Nigerian partner, Green Fuels Limited, to the tune of $8.8 million in 2008.
The prosecution alleged that they “fraudulently tricked Green Fuels Limited to pay greater sum for machinery purchased from Gentec Limited than it would have paid for such machinery.”
They were also accused of making false statement to the Corporate Affairs Commission in order to facilitate the fraud.
Ipaye had fixed today for their arraignment following the failure of their counsel to produce them in court on July 31.
However at the resumption of proceedings, the Director of the DPP, Mrs Idowu Alakija told the court of the prosecution’s intention to amend the proof of evidence by substitution.
Alakija further informed the court that the prosecution had received information from the Police that they had carried out further investigation on the matter which might be useful to the case.
She also confirmed that the preliminary notice of objection was served on the prosecution on August 11.
The DPP therefore asked the court for an adjournment to respond to the application, hear from the police and also amend the proof of evidence.
Responding, Ajekigbe said the defence had filed a preliminary objection challenging the jurisdiction of the court to entertain the charge.
He said: “The Information dated April 30 has breached a cardinal rule of drafting charges in …Read More
Source:: PM Newspaper