Alleged $8.8m Fraud Charge Against British Nationals: Court Affirms Lagos AG’s Withdrawal of Suit

A Lagos High Court sitting in Tafawa Balewa Square, has affirmed the withdrawal of a criminal case instituted against two British nationals, Deepak Khilani and Sushil Chandra, by the Lagos State Government.

Justice Owolabi Dabiri, in his judgement, dismissed the court action filed by the Incorporated Trustees of Law and Awareness Initiative, challenging the power of the Lagos State Attorney-General, Mr. Adeniji Kazeem, to withdraw a pending criminal case instituted against Khilani and Chandra, by way of a Nolle Prosequi.

The Lagos State AttorneyGeneral had in the exercise of his power under Section 211 of the 1999 Federal Constitution of Nigeria, asked that the suit filed before Justice Atinuke Ipaye, be discontinued on the grounds of Public Interest.

The case was subsequently struck out, by Justice Ipaye.

Khilani and Chandra were charged 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.

Dissatisfied with the action of the Attorney-General, the Incorporated Trustees of Law and Awareness Initiative, then filed a suit, challenging the power of the Lagos State Attorney-General to withdraw the suit.

In the judgement, the Court held that, the Lagos State Attorney-General validly exercised his power of Nolle Prosequi, as granted in section 211 of the 1999 Constitution, in withdrawing the criminal charges against the two Defendants; Deepak Khilani and Sushil Chandra.

Justice Dabiri held that section 211 of the 1999 constitution, vests in the Attorney- General, the power to institute, takeover, continue and to discontinue at any stage before judgement is delivered, in any criminal proceeding instituted or undertaken by him or any other authority or person.

According to him, Section 211 that devised the power to the Attorney-General, however, qualifies that the power requires the Attorney-General to consider the interest of the Public, the interest of Justice, and the need to prevent abuse of processes in the exercise of that power.

“The Director of Public Prosecutions, Ms Titilayo Shitta-Bey, having clearly explained the ground of public interest upon which the decision of the AttorneyGeneral was based, and same was not controverted by the Applicant, thus the exercise of the power was lawful and valid.

"The Applicant, has no iota or shred of locus standi, to have brought this action against the Honourable Attorney-General, being that the Applicant was not a party to the withdrawn case, and not representing the Complainant, as such, is held as a busy body who has no legal right or locus standi to approach the Court”. The case was therefore, dismissed”.