A Federal High Court in Abuja, on Monday, issued an arrest warrant against the Managing Director (MD) of Dana Air, Mr Hathiramani Ranesh, over alleged refusal to appear in court to stand trial.
Justice Obiora Egwuatu, in a ruling, held that the arrest of Ranesh is necessary following his refusal to appear in court after he was served with the charge and several proceedings taken in the matter.
Justuce Egwuatu held that in line with Section 184 of the Administration of Criminal Justice Act (ACJA), 2015, the court can issue an arrest warrant against any defendant who refused to appear in court.
“The 1st defendant is bound to appear before the court and if he does not, the court can issued warrant for his arrest.
“Accordingly relying on the said provision, I hereby issued a warrant of arrest for the arrest of the 1st defendant
“The defendant shall appear before this court on 13th of January, 2025, before any objection can be taken,” he said.
The judge then adjourned the matter until Jan. 13, 2025 for hearing.
The News Agency of Nigeria (NAN) reports that the Federal Government, through its lawyer, Mojisola-Okeya Esho, had, on Oct. 10, prayed the court to issue a bench warrant for the arrest of Dana Air.
Esho had argued that Ranesh had refused to appear for his arraignment in the alleged N1.3 billion fraud preferred against him by the Office of the Attorney-General of Federation (AGF).
But the defence lawyer, B. Ademola-Bello, disagreed with Esho.
He argued that they had filed a preliminary objection challenging the jurisdiction of the court to hear the matter and that the prosecution had already been served.
Esho, on her part, objected to taking the preliminary objection on the ground that the defendants ought to be arraigned first before the court could entertain any other application.
The judge then adjourned the matter until Nov. 4 (today) for arraignment and/or hearing of preliminary objection.
NAN reports that the AGF had filed a six-count charge against Ranesh and two others.
In the charge marked: FHC/ABJ/CR/101/2021 and filed by Moshood Adeyemi, Deputy Director of Public Prosecutions in the office of the AGF and Minister of Justice, Dana Group PLC and Dana Steel Ltd were joined as 2nd and 3rd defendants respectively.
In count one, Ranesh and the two companies, alongside others at large, were alleged to have committed a felony between September and December 2018 within the premises of DANA Steel Rolling Factory in Katsina.
They were alleged to have conspired to remove, convert and sell four units of industrial generators “i.e. three (3) units Ht of 9,000 KVA and 1 unit of 1,000 KVA; all valued at over N450 million, which form part of the Deed of Asset Debenture that were charged as collateral security for a bond issued in your favour, which Deed is still subsisting at all material times.”
In count three, the defendants and others at large at House No. 116, Oshodi-Apapa Expressway, Isolo-Lagos between April 7th and 8th, 2014, were alleged to have conspired to fraudulently divert the sum N864 million.
The money was said to be part of the bond proceeds from Ecobank meant for resuscitation of production at Dana Steel Rolling Factory in Katsina for other unapproved uses.
In count five, the defendants and others at large were alleged to have “conspired to fraudulently remove and transfer to one Atlantic Shrimpers Account No: 0001633175 with Access Bank and divert the sum of N60,300,000 (Sixty Million Three Hundred Thousand Naira).”
The cumulative sum of the amount involved in the charge is N1, 374, 300, 000.
All the offence is said to be contrary to and punishable under Section 516 of the Criminal Code Act, Laws of the Federation of Nigeria, 2004.
NAN observes that Ranesh had not appear in court since the case commenced before Justice Egwuatu.
When the case was called on Monday, Ademola-Bello informed the court that on the last adjourned date, the court directed the parties to file a written address on the points of law regarding Sections 221 and 396(2) of the ACJA, 2015.
“In compliance, we filed our written address on 31st of October, 2024. Upon receipt of prosecution’s response, we also filed a reply on points of law dated 31st day of October, 2024.
“Subject to the convenience of the court, we are ready to proceed,” he said.
Esho, who appeared for the AGF, confirmed being served.
However, Justice Egwuatu asked Ademola-Bello the whereabouts of Ranesh.
“Why are the defendants absent,” the judge asked.
The defence lawyer said Ranesh was not in the country and that the other two defendants are statutory bodies of which Ranesh is their managing director.
Ademola-Bello submitted that he was of the view that the jurisdictional issues raised in their preliminary objection should be addressed first.
“Are we playing here. Where is the respect for the court when the people you are defending are not in court?” the judge asked.
But the lawyer responded that Section 266 of the ACJA, 2015, gives provision for a defendant who is not on court.
“We urge the court to be guided by this provision,” he said.
Justice Egwuatu, who gave his ruling, ordered that Ranesh be arrested and brought to the court in the next adjourned date.
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