Group disagrees with AG for dropping charges against Indians

A group, Laws and Rights Awareness Initiative, has sued the
Attorney General of Lagos State, Mr. Adeniji Kazeem, for
withdrawing charges against two Indian businessmen, Messrs Deepak
Khilnani and Sushil Chandra, who were charged with an alleged fraud
of $8.8m.

The Incorporated Trustees of the group, through their lawyer,
Mr. Olumide Babalola, accused Kazeem of abusing Section 211(1)(c)
of the constitution, which empowers the attorney general to enter
nolle prosequi, and discontinue criminal proceedings against a
defendant.

LRAI contended that withdrawal of charges against Khilnani and
Chandra was not in the public interest.

But in opposition to the group’s claim, the Lagos State Director
of Public Prosecutions, Ms. Titilayo Shitta-Bey, insisted that
charges against Khilnani and Chandra were withdrawn in the overall
interest of the public.

Shitta-Bey said the attorney general’s decision to withdraw the
charges was based on the report of further investigation into the
case by the police.

She said after studying the police investigation report, the
attorney general realised that the matter was civil in nature
rather than criminal.

The DPP argued that the attorney general reserved the right to
exercise his constitutional power to prosecute or not to prosecute
a case, based on his findings and convictions.

She said the AG had been given unfettered powers both by the
constitution and the Administration of Criminal Justice Law of
Lagos State to so decide.

Shitta-Bey urged the court to dismiss the plaintiff’’s suit for
lacking in merit.

Justice Owolabi Dabiri has adjourned till March 29, 2018 for
judgment.

A group, Laws and Rights Awareness Initiative, has sued the
Attorney General of Lagos State, Mr. Adeniji Kazeem, for
withdrawing charges against two Indian businessmen, Messrs Deepak
Khilnani and Sushil Chandra, who were charged with an alleged fraud
of $8.8m.

The Incorporated Trustees of the group, through their lawyer,
Mr. Olumide Babalola, accused Kazeem of abusing Section 211(1)(c)
of the constitution, which empowers the attorney general to enter
nolle prosequi, and discontinue criminal proceedings against a
defendant.

LRAI contended that withdrawal of charges against Khilnani and
Chandra was not in the public interest.

But in opposition to the group’s claim, the Lagos State Director
of Public Prosecutions, Ms. Titilayo Shitta-Bey, insisted that
charges against Khilnani and Chandra were withdrawn in the overall
interest of the public.

Shitta-Bey said the attorney general’s decision to withdraw the
charges was based on the report of further investigation into the
case by the police.

She said after studying the police investigation report, the
attorney general realised that the matter was civil in nature
rather than criminal.

The DPP argued that the attorney general reserved the right to
exercise his constitutional power to prosecute or not to prosecute
a case, based on his findings and convictions.

She said the AG had been given unfettered powers both by the
constitution and the Administration of Criminal Justice Law of
Lagos State to so decide.

Shitta-Bey urged the court to dismiss the plaintiff’’s suit for
lacking in merit.

Justice Owolabi Dabiri has adjourned till March 29, 2018 for
judgment.