Kemisola Oye
JUSTICE Daniel Osiagor of a Lagos Federal High Court, today, dismissed the application to quash the criminal charge and extradition order filed by two Lebanese, Nabil Maukarzel and Halawi Fidaa, who were accused of defrauding EcoBank Plc of the sum of Nine Billion, Four Hundred and Forty-One Million, Eight Hundred and Twenty-Four Thousand, One Hundred and Two Naira, Fourteen Kobo (N9, 441, 824, 102. 14) only for lacking in merit.
The two Lebanese, who currently reside in Spain, were charged before the court on offences bordering on alleged conspiracy, obtaining by false pretence and fraud of Nine Billion, Four Hundred and Forty-One Million, Eight Hundred and Twenty-Four Thousand, One Hundred and Two Naira, Fourteen Kobo (N9, 441, 824, 102. 14), by the operatives of Force Criminal Investigation Department (Force ID) Annex Alagbon-Ikoyi Lagos, in a charge marked FHC/L/260c/2021.
During the pendency of the suit, the two defendants became elusive and failed to appear in court to take their plea on the allegations against them.
Following their failure to appear in court for the matter, the prosecutor, S. O. Ayodele, applied to the court for an extradition order against them, which was granted by the court.
However, the lawyer of the defendants, Mesuabari M. Josiah, approached the court with an application to quash the charge and another application to upturn the extradition order made by the court.
The counsel also filed a notice of appeal against the extradition order and a motion for a stay of the extradition order.
But the police lawyer, S. O. Ayodele, in response to the defendants’ motions, filed a counter motion and preliminary objection to the motions, whereby he canvassed several arguments about why the court should not grant their applications.
Ayodele particularly argued that the court can only grant the defendants’ reliefs after they have submitted themselves to court and take their plea on the charges against them.
Ruling on the applications and arguments canvassed by counsel, Justice Osiagor held that “fugitive defendants, who refuse to submit themselves to court, have no right of an audience”.
Justice Osiagor thereafter dismissed the two defendants’ applications for lacking merit.
The police had accused the two Lebanese, Nabil Maukarzel and Halawi Fidaa, of defrauding EcoBank Plc of the sum of Nine Billion, Four Hundred and Forty-One Million, Eight Hundred and Twenty-Four Thousand, One Hundred and Two Naira, Fourteen Kobo (N9, 441, 824, 102. 14).
The two Lebanese and others (now at large) were alleged to have disappeared into thin air, after defrauding the bank of the said sum, on the pretence of using the money to import goods into Nigeria.
They were alleged to have committed the offence sometime in the year 2014 at Apapa Lagos, in Lagos State of Nigeria.
The charges against the defendants read: “That you Nabil Maukarzel ‘M’, Halawi Fidaa ‘M’ and others (now large) sometimes in the year 2014 at Apapa, Lagos State of Nigeria within the jurisdiction of the Federal High Court of Nigeria, conspired among yourselves to commit felony to wit obtaining the sum of Nine Billion Four Hundred and Forty-One Million, Eight Hundred and Twenty-Four Thousand, One Hundred and Two Naira and Fourteen Kobo (N9, 441, 824, 102. 14) only from EcoBank of Nigeria Plc under the pretence that you are using the said sum to import goods into Nigeria, a representation you knew to be false and thereby committed an offence contrary to Section 8 (a) of the Advance Fee fraud and other Fraud Related Offences Act, 2006 and punishable under Section (3) of the same Act.
“That you Nabil Maukarzel ‘M’, Halawi Fidaa ‘M” and others (now large) sometime in the year 2014 at EcoBank of Nigeria Plc, No. 21. Ahmadu Bello Way, Victoria Island in Lagos State of Nigeria, within the jurisdiction of this honourable court with intent to defraud, fraudulently obtained the total sum of Nine Billion, Four Hundred and Forty-One Million, Eight Hundred and Twenty-Four Thousand, One Hundred and Two and Fourteen Kobo (N9, 441, 824, 102. 14) only from EcoBank of Nigeria Limited under the pretence that you are using the said sum to import goods into Nigeria, a representation you knew to be false and thereby committed an offence contrary to Section 1 (a)(c) & 1 (2) of the Advance Fee Fraud and other Fraud Related Offences Act, 2006 and punishable under Section 1 (3) of the same Act.
“That you Nabil Maukarzel ‘M’, Halawi Fidaa ‘M’ and others (now at large) sometime in the year 2014 at Lagos, within the jurisdiction of this honourable court steal the total sum of Nine Billion, Four Hundred and Forty-One Million, Eight Hundred and Twenty-Four Thousand, One Hundred and Two Naira and Fourteen Kobo (N9, 441, 824, 102.14) only and thereby committed an offence punishable under Section 390 (a) of the Criminal Code Cap C38 Laws of the Federation of Nigeria 2004.”