Obstruction Of Justice: Court Orders Substituted Service Of Charge On Mikano’s Co-Defendants
Justice Yellim Bogoro of a Federal High Court, Thursday, ordered the substituted service of the criminal charge on six directors of Mikano International Limited.
It would be recalled that the federal government through the Federal Competition and Consumer Protection Commission (FCCPC), had filed the three counts charge of obstructing the course of justice against Mikano and it’s six directors.
The directions charged before the court alongside Mikano are: Nidal Chazi Karameh, Firas Mamlouk, Muneer Nassar, Abou Fadi Jaqude, Omar Karameh and Kamal Karameh.
FCCPC in the charge numbered FHC/L/171c/2024, had accused the multinational company and its executives of impeding an official investigation into its activities and refusing to comply with lawful directives.
The alleged offences according to the FCCPC, took place on December 14, 2022, March 1, 2023, and October 16, 2023, at Mikano’s Headquarters located at 34-35 Acme Road, Ogba, Ikeja, Lagos.
They were also accused of deliberately obstructing and impeding its officers from executing a search warrant, which was issued by the Federal High Court in Abuja under Suit No. FHC/ABJ/ CS/2075/2022.
FCCPC further alleged that Mikano failed to provide its officers with necessary facilities and assistance, thereby hindering the execution of their statutory duties. Furthermore, the company and its Directors were charged with failing to produce critical documents and information requested in a lawful summons dated February 28, 2023.
The failure to comply with these lawful requests allegedly continued even after further notices were issued, with the last such instance occurring on October 16, 2023.
The FCCPC said the the illegal acts of Mikano International Limited and it’s directors violates Sections 110, 28(5), 33(3), and 114(3) of the Federal Competition and Consumer Protection Act (FCCPA), 2018, which are punishable under Section 311(2) of the same Act.
However, due to inability of the prosecuting agency to serve the directors, it’s prosecutor filed an Exparte motion for substituted services.
At the resumed hearing of the charge today, while Abimbola Ojenike announced his appearance for FCCPC, Barrister T. V Amen, announced his Mikano, while the six directors were not in court, neither represented by any counsel.
However, prior to the moving of the Exparte motion, Mikano’s lawyer protested the appearance of the prosecutor in the matter, on the ground that he no ‘fiat’ to prosecute the defendant.
In response, Ojenike While citing Section 150(4) para C of FCCPC Act 2018, said that the Act empowered the Commission to initiate any criminal charge.
But the presiding judge, Justice Bogoro others both parties to file addresses on the arguments orally canvassed.
In moving the Exparte motion for substituted service, Ojenike told the court that the motion Exparte is to effect service of the charge and other accompanied documents by substituted through their lawyers, Shashore (SAN) Oyinkan-Badejo Okusanya, (SAN) and African Lawyer Practice (ALP) Law firm.
He told the court that the motion is supported with an affidavit filed on February 18.
He urged the court to grant the application for substituted services.
Justice Bogoro while granting the motion Exparte for substituted service, adjourned the matter to June 23, for further mention and report of service.
Charges against Mikano And it’s Directors Read: “That you, Mikano international Limited, Nidal Chazi Karemeh (m), Fires Mamiouk (m), Muneer Nassr (M), Abou Fadi Jaoude (M), Omar Karameh (M), Kamal Karameh (M) and others unknown on or about the 147 day of December, 2022, at 34 – 35 Acme Road, Ogba, Ikeja, Lagos State within the Jurisdiction of this Honourable Court cd impede and obstruct authorized officers of the Federal Competition and Consumer Protection Commission during the execution of a search warrant issued by an Order of the Federal High Court, Abuya Judicial Division made in Suit No: FHC/ABJ/CS/2075/2022, by falling to provide the said authorised officers with all reasonable facies and assistance for the effective discharge of the officers’ duties under Section 28(4) and thereby committed an offence contrary to and punishable under Section 110 of the Federal Competition and Consumer Protection Act, 2018
“That you, Mikano international Limited, Nidal Chazi Karemeh (m), Fires Mamiouk (m), Muneer Nassr (M), Abou Fadi Jaoude (M), Omar Karameh (M), Kamal Karameh (M) Karameh (m), Kamal Kerameh (M) and others unknown on of about the 14th day of December, 2022, at 34–35 Acme Rand, Ogba, ikea, Legos State within the jurisdiction of this Honourable Court disabled critical Services to premises for investigation and did impede prevent and obstruct an investigation by the Federal Competition and Consumer Protection Commission during the execution of a search warrant issued by an Order of the Federal High Court, Abuja judicial Division made in Suit No: FHC/ABJ/CS/2075/2022, which Warrant was sued pursuant to Sections 27, 28 and 29 of the Federal Competition and Consumer Protection Act, 2018 and thereby committed an offence contrary to and punishable under Section 28(5) of the Federal Competition end Consumer Protection Act, 2018.
“That you, Mikano international Limited, Nidal Chazi Karemeh (m), Fires Mamiouk (m), Muneer Nassr (M), Abou Fadi Jaoude (M), Omar Karameh (M), Kamal Karameh (M) and others unknown on of about the 1st day of March, 2023, at 34- 35 Acme Road, Ogba, Ikeja, Lagos State within the jurisdiction of this Honourable Court and without sufficient cause failed to produce documents and or information which you were required produce, in compliance with a tawtul Summons and Request to Produce dated February 28th 2023 and thereby committed an offence contrary to and punishable under Section 33 (3) of the Federal Competition and Consumer Protection Act, 2018.
“That you, Mikano international Limited, Nidal Chazi Karemeh (m), Fires Mamiouk (m), Muneer Nassr (M), Abou Fadi Jaoude (M), Omar Karameh (M), Kamal Karameh (M) and others unknown on of about the 18th day of October, 2023, at 34-35 Acme Road, Ogba, Ikeja, Lagos State within the jurisdiction of this Honourable Court in furtherance, and communication of extant refusal to produce documents and supply information required by the Commission under statutory notice and demand cid impede and obstruct the Federal Competition end Consumer Protection Commission’s ongoing investigation by refusing to produce and supply documents and or information in compliance with a lawful Summons and Request to Produce dated October 11, 2023 and thereby committed and offence contrary to Section 111 (1) of the Federal Competition and Consumer Protection Act, 20146, and punishable under Section 111 (2) of the Federal Competition and Consumer Protection Act. 2018.”
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