A British chartered accountant, Deepak Khilnani, has urged a Lagos High Court sitting in Ikeja to quash the $8.8 million fraud charge against him for want of jurisdiction.
He is charged to court by the Lagos State Director of Public Prosecution (DPP).
Khilnani made the request yesterday in a preliminary notice of objection filed by his counsel, Mr Kayode Ajekigbe, before the court presided Justice Oluwatoyin Ipaye.
Khilnani and an alleged accomplice, Dr Sushil Chandra, are facing a four-count charge of conspiracy, cheating, stealing and false representation.
The DPP accused the defendants of duping their Nigerian partner, Green Fuels Limited, of $8.8 million in 2008.
The trial judge, Justice Ipaye had fixed yesterday for their arraignment following the failure of their counsel to produce them in court on July 31.
However, at the resumption of proceedings yesterday, the DPP, Mrs Idowu Alakija, told the court of the prosecution’s intention to amend the proof of evidence by substitution.
Alakija said 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.
The DPP urged the court to grant him more time to respond to the application and also amend the proof of evidence.
The counsel to the defendants, Ajekigbe, said the defence had filed a preliminary objection challenging the jurisdiction of the court to entertain the charge.
He said the information provided by the prosecution did not contain the charges against the defendants.
Justice Ipaye adjourned the matter till November 10 for hearing of the application.
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