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Obstruction Of Justice: Court Orders Substituted Service Of Charge On Mikano Directors


Justice Yellim Bogoro of a Federal High Court in Lagos has ordered the substituted service of a criminal charge on six Directors of Mikano International Limited.

This decision followed an application by the Federal Competition and Consumer Protection Commission (FCCPC), which accused the multinational company and its executives of obstructing justice and impeding an official investigation.

The federal government, through the FCCPC, filed a three-count charge against Mikano International Limited and its Directors — Nidal Chazi Karameh, Firas Mamlouk, Muneer Nassar, Abou Fadi Jaqude, Omar Karameh and Kamal Karameh. In the charge marked FHC/L/171c/2024, the FCCPC alleged that the offences occurred on multiple occasions: December 14, 2022, March 1, 2023, and October 16, 2023.

The commission further claimed that Mikano and its executives deliberately obstructed its officers from executing a court-issued search warrant at the company’s headquarters on Acme Road, Ogba, Ikeja, Lagos.

The charge also alleged that Mikano failed to provide essential documents and information requested under lawful summonses issued on February 28, 2023, and October 11, 2023, thereby hindering the commission’s statutory duties.

The FCCPC equally asserted that these actions contravened Sections 110, 28(5), 33(3), and 114(3) of the Federal Competition and Consumer Protection Act (FCCPA), 2018. At the last hearing of the matter, the prosecutor, Abimbola Ojenike, sought permission to serve the charge through substituted means, arguing that the commission has been unable to serve the Directors personally.

He filed an ex parte motion requesting that the service be carried out through the lawyers representing Mikano; Shashore (SAN), Oyinkan-Badejo Okusanya (SAN), and the African Law Practice (ALP) Law Firm. But counsel for Mikano, T. V. Amen, contested Ojenike’s appearance, arguing that he lacked the necessary authorisation (“fiat”) to prosecute the case.

However, Ojenike countered by citing Section 150(4)(c) of the FCCPC Act, 2018, which empowers the commission to initiate and prosecute criminal charges. Justice Bogoro directed both parties to submit written arguments on the issue before proceeding with the hearing.

Subsequently, the judge granted the prosecution’s request for substituted service and adjourned the case to June 23, 2025, for further mention and a report on the service.

In the charge, the defendants were accused of obstructing FCCPC officers during the execution of a court-issued search warrant at Mikano’s premises on December 14, 2022.

They were also alleged to have on the same day, December 14, 2022, disabled critical services at Mikano’s headquarters, preventing investigators from conducting their duties.

The charge equally stated that on March 1, 2023, Mikano and its executives allegedly refused to produce crucial documents requested by the FCCPC under a summons issued on February 28, 2023. The final count related to an ongoing refusal to comply with FCCPC directives, culminating in another act of obstruction on October 16, 2023.

According to the prosecution, the offences contravened Section 110 of the FCCPA, 2018, which criminalizes any attempt to prevent enforcement officers from carrying out their lawful duties, Section 28(5) of the FCCPA, 2018, Section 33(3) of the FCCPA, which mandates compliance with lawful requests for documents and information, and Section 111(1) of the FCCPA.



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