Court Orders Substituted Service Of Charge On Mikano’s Directors
The Federal High Court sitting in Lagos has ordered the substituted service of the criminal charge of alleged obstruction of justice on six directors of Mikano International Limited.
Justice Yellim Bogoro made the order while granting an exparte motion filed by the prosecutor representing the Federal Competition and Consumer Protection Commission (FCCPC), Abimbola Ojenike.
It would be recalled that the Federal Government through the FCCPC had filed the four counts charge against Mikano and its directors for allegedly impeding and obstructing government officers from doing their duty.
The directions charged before the court alongside Mikano are: Nidal Chazi Karameh, Firas Mamlouk, Muneer Nassar, Abou Fadi Jaqude, Omar Karameh and Kamal Karameh.
Among other things, the FCCPC in the charge 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.
However, due to the inability of the prosecuting agency to serve the directors, the prosecutor filed an exparte motion for substituted service.
At the resumed hearing of the charge on Thursday, Tochukwu Amaefule who represented Mikano, protested the appearance of the prosecutor in the matter, on the ground that he had no ‘fiat’ to prosecute the defendants.
In response, Ojenike cited Section 150(4) para C of the FCCPC Act 2018, which empowered the Commission to initiate any criminal charge.
Justice Bogoro, however, ordered both parties to file addresses on the arguments they orally canvassed.
In moving the exparte motion, Ojenike told the court that the application is to effect service of the charge and other accompanying documents by substituted means to the defendants, through their lawyers, Olasupo Shashore (SAN) and Oyinkansola Okusanya of ALP Law firm.
He urged the court to grant the application for substituted service.
Justice Bogoro granted the motion for and adjourned to June 23, for further hearing of the matter.
On March 8, 2025, the FCCPC filed the four-count charge against Mikano and it’s directors, accusing them of impeding and obstructing its officers from executing a search warrant issued by an Order of the Federal High Court, Abuja Judicial Division made in suit No. FHC/ABI/CS/2075/2022, by failing to provide the said officers with all reasonable facilities and assistance for the effective discharge of their duties.
The Commission also accused Mikano and the other defendants of failure to produce documents and or information that they were required to produce, in compliance with a lawful Summons and Request to Produce dated February 28, 2023.
The alleged offences according to the FCCPC are contrary to Sections 110; 28(5) 33(3) and 114(3) of the Federal Competition and Consumer Protection Act, 2018. And punishable under section 311(2) of the same Act.
