Wale Igbintade
A Federal High Court, in Lagos has dismissed an application filed by two Lebanese – Nabil Maukarzel and Halawi Fidaa – asking the court to quash a criminal charge and extradition order made against them over alleged N9. 441 billion.
The two Lebanese, who are currently residing in Spain, were accused of conspiracy, obtaining by false pretence and fraud of N9, 441, 824, 102. 14 billion by men of Force Criminal Investigation Department (ForceCID) Annex Alagbon-Ikoyi Lagos, in a charge marked FHC/L/260c/2021.
During the pendency of the charge, the two defendants became elusive and failed to appear in court to take their plea.
Following their failure to appear in court for the matter, Police prosecutor S. O. Ayodele, applied to court for an extradition order against them, which was granted by the court.
However, lawyer to the defendants, Mesuabari Josiah, approached the court with an application seeking to quash the charge and to strike out the extradition order.
Josiah also filed before the court a notice of appeal against the extradition order and a motion for stay of the extradition order.
Opposing the application, Police lawyer, S. O. Ayodele, argued that the court could only grant the defendants’ reliefs, after they have submitted themselves to the court and take their plea on the charges against them.
Ruling on the applications and arguments canvassed by counsel, Justice Daniel Osiagor held that, “fugitive defendants, who refuse to submit themselves to court, have no right of audience”.
Justice Osiagor thereafter dismissed the two applications for lacking in merit.
The police had accused the two Lebanese, Nabil Maukarzel and Halawi Fidaa, of defrauding Ecobank Plc of the sum of 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 on the pretence of using the money to import goods into Nigeria.
They were alleged to have committed the offences at Apapa, sometimes in the year 2014 at Apapa Lagos, in Lagos State of Nigeria.
Part of 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, in Lagos State of Nigeria within the Jurisdiction of the Federal High Court of Nigeria conspired among yourselves to commit felony to with obtaining the sum of N9, 441, 824, 102. 14 (Nine Billion Four hundred and forty-one million, eight hundred and twenty-four thousand, one hundred and two naira and fourteen Kobo Only) from Ecobank of Nigeria Limited under the pretense that you are using the sac 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.”
