Lagos Explains Why $8.8m Fraud Charges Against British Citizen Was Withdrawn

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y  MATTHEW UKACHUNWA – Lagos
The reason why 8.8 million US Dollars fraud charge against an Indian Briton, Deepak Khilani and co-defendant, Dr. Sushil Chandra, was withdrawn from a Lagos High Court, Ikeja has been explained by Lagos State Attorney-General and Commissioner for Justice, Mr. Adeniji Kazeem.
The matter was withdrawn by the Directorate of Public Prosecution (DPP) because the review of the facts of the case showed that it was a commercial dispute and not a criminal one, Kazeem stated.
Khilani and Chandra were charged to court for allegedly defrauding their Nigerian business partner, Green Fuels Ltd, to the tune of 8.8 million Dollars sometime in 2008.  However, the case was struct out by trial judge, Justice Oluwatoyin Ipaye, after the DPP entered nolle prosequi (no prosecution) argument.
At a news briefing in Lagos recently, Kazeem said:  “One of the things when I got into this office is that I found out that as it happens in other places too, the office of the DPP has often been used as a tool to settle scores; scores that are not criminal but commercial and civil. The DPP’s office is dealing with issues that relate to over 22million people with regards to crime. They are already overburdened and one of the things I said to the DPP is that this office will not be used as an instrument to settle criminal or commercial-related issues.”
According to him, “If you have commercial-related issues, go to commercial court and go and sort those problems. When there are issues that have already gone to a certain stage, review all the facts and let us take a position so that we can move forward and one of such files is this particular one and after a thorough review by the DPP, we came to the unsalable condition that that matter was not criminal in the opinion of the office of the Attorney General.
“Also, while that so-called matter was attempting to progress through the criminal court, there was already a matter in the civil court instituted by the same people on this matter that is commercially related. Anytime we take a matter to court from this office, our intention is to win. We don’t have time for frivolity. After the DPP’s review on the matter, we sent the case file together with out report to the AIG Zone 2,” the Attorney General said.
He said while Section 211 of the Constitution empowers his office to withdraw criminal cases, he was aware that such must be carefully utilized, and that the decision was in the best interest of the State.
“The aggrieved party in the case went to court to challenge what we did but the court, after our response, came to the conclusion that the matter had no merit and the case thrown out.
“I understand that they intend to go on appeal which is their constitutional right but I am willing if the people want, they can come, we can explain the issues to them. This office is an office with a huge burden and you take tough choices. That choice that we have taken has freed up considerably the DPP to face the major issues such as kidnapping, sexual assault, rape, defilement, armed robbery and so on, and not waste valuable manpower and time on commercial matter when there is a commercial court. the attorney-general declared.”  xxx

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