N9.4bn Fraud: Court Declines Quashing Arrest Warrant Against 2 Lebanese

N9.4bn Fraud: Court Declines Quashing Arrest Warrant Against 2 Lebanese

Lagos Federal High Court, has dismissed the application filed by two Lebanese, Nabil Maukarzel and Halawi Fidaa, who had approached it to quash an arrest warrant issued against them over alleged N9.4 billion fraud.

Justice Daniel Osiagor, dismissed the application today, saying that ‘the court cannot quash what has already been executed”.

Justice Osiagor had on November 8, 2021, issued an arrest warrant against the two Lebanese businessmen, whom the police had told the court failed and refused to appear before it to take their plea on a three count-charge of conspiracy, stealing of N9, 442, 788, 578, 93 billion by false pretence from a bank.

The police through Force Criminal Investigation Department ForceCID Alagbon-Ikoyi, Lagos, had approached the court through an Exparte motion, for an arrest warrant of the two Lebanese, for their failure to be in court for the charge.

The police lawyer, S. O. Ayodele and Tijjani Williams, had told the court that their application for arrest warrant against the two Lebanese would enable the police and other security agencies to arrest them defendants and bring them to court.

Following the issuance of the arrest warrant, the two Lebanese through their lawyer, Mrs. T. O. Olatunde-Fesogbon, approached the court for an order to quashing the arrest warrant.

The defendants had told the court that the application was pursuant to Order 6 Rules 1, 2, and 7 of the court of Appeal Rules 2021; Section 25 of the Court of Appeal Act; Cap. C36, Laws of the Federation of Nigeria 2004; Section 36 of the Constitution of the Federal Republic of Nigeria 1999 (As Amended) and under the court’s inherent jurisdisction. 

The said their application is seeking an order extending the time within which they may seek leave to appeal the Order of the court made by Justice Osiagor on November 8, 2021. 

“An order granting them leave to appeal the Order and extending the time within which they may appeal against the order, as per the Proposed Notice of Appeal annexed hereto as “Exhibit NMS’. 

At the resumed hearing of the application, the police lawyers told the court that the order of the court had been carried out by the Spanish police authority and that the two fraud suspects have been arrested and currently in the custody of the Spanish’s  Interpol, while the it’s Nigeria counterpart is awaiting their repatriation to Nigeria.

But the fraud suspects’ counsel, …, told the court that her clients had filed an appeal against the order, and that there is need for court to stay all proceedings on the matter pending the outcome of the appeal.

Justice Osiagor after listened to counsel submissions, and after citing plethoras of Supreme Court’s authority held that: Court can not stay an order that had been already executed.”

editor

See author's posts