Dana Air: Court orders arrest of MD over absence in court, after alleged N1.3bn fraud

The Federal High Court in Abuja, has on Monday issued an arrest warrant against the Managing Director (MD) of Dana Air, Mr. Hathiramani Ranesh, over alleged N1.3bn fraud and refusal to appear in court to stand trial.

According to the Diaspora Digital Media (DDM), the Honourable Justice Obiora Egwuatu delivered a ruling, where it was held that the arrest of Ranesh was warranted due to his failure to appear in court despite having been duly served with the charge and subsequent proceedings in the matter.

Egwuatu stated that in accordance with Section 184 of the Administration of Criminal Justice Act, 2015, the court possesses the authority to issue an arrest warrant for any defendant who wilfully neglects to attend court proceedings.

“By order of this Court, the 1st defendant is required to appear personally, and any failure to comply shall necessitate the issuance of an arrest warrant.”

“Pursuant to section 184 of the Administration of Criminal Justice Act, 2015, I hereby issue a warrant for the arrest of the 1st defendant, as provided by law.”

“It is hereby ordered that the defendant shall appear before this Honourable Court on the 13th day of January, 2025, prior to which any objections may be raised.”

As reported by Daily Nigerian, the judge then adjourned the case until Jan. 13, 2025 for hearing.

Earlier development

Earlier on October 10, counsel for the Federal Government, Mojisola-Okeya Esho, made an application to the court for the issuance of a bench warrant against Dana Air, seeking their immediate arrest and appearance before the court.

Esho submitted before the court that Ranesh, the MD of Dana Air, has declined to appear for arraignment regarding the alleged N1.3 billion fraud charges brought forth by the Office of the Attorney-General of Federation (AGF).

But Ranesh’s lawyer, Barrister Ademola-Bello, disagreed with Esho, arguing that “the defendants had lodged a preliminary objection, contesting the court’s jurisdiction to entertain the matter.”

Furthermore, he asserted that “the prosecution had been duly served with the objection, thereby pending determination.”

“Esho opposed the hearing of the preliminary objection, arguing that arraignment of the defendants is a prerequisite for the court’s consideration of any subsequent applications,” Daily Nigerian reported.

Pursuant to the court’s order, the matter was adjourned until November 4, 2024, to facilitate the arraignment of the defendants and/or consideration of the preliminary objection.

According to a report, the AGF filed a six-count charge against Ranesh and two others.

“In Suit No. FHC/ABJ/CR/101/2021, filed by Moshood Adeyemi, Deputy Director of Public Prosecutions in the Office of the Attorney-General of the Federation and Minister of Justice, Dana Group PLC and Dana Steel Ltd were joined as the 2nd and 3rd defendants, respectively.”

The counts against Dana Air MD

“The first count of the charge accuses Hathiramani Ranesh, Dana Group PLC, Dana Steel Ltd, and additional defendants at large, of conspiring to commit a felony between September 2018 and December 2018, at the DANA Steel Rolling Factory premises in Katsina.”

“It is alleged that the defendants conspired to unlawfully remove, convert, and sell four industrial generators, specifically three units of 9,000 KVA and one unit of 1,000 KVA, with a combined value exceeding N450 million.”

“These generators were part of the assets secured by a Deed of Asset Debenture, serving as collateral security for a bond issued in favor of [party name], and remained subject to the subsisting Deed at all relevant times.”

“Count Three alleges that the defendants, together with others at large, conspired to commit fraud between April 7, 2014, and April 8, 2014, at House No. 116, Oshodi-Apapa Expressway, Isolo, Lagos, by unlawfully diverting the sum of N864 million.”

“According to allegations, the money, which was part of the bond proceeds provided by Ecobank for the specific purpose of reviving production activities at Dana Steel Rolling Factory in Katsina, was diverted and utilized for unrelated and unauthorized purposes.”

“Count Five alleges that the defendants, in conjunction with others at large, conspired to commit fraudulent misappropriation by unlawfully removing and transferring the sum of N60,300,000 (Sixty Million Three Hundred Thousand Naira) into Atlantic Shrimpers’ Account No. 0001633175 at Access Bank, for purposes of diversion.”

“The cumulative sum of the funds allegedly misappropriated or diverted, as stated in the charges, amounts to N1,374,300,000 (One Billion, Three Hundred and Seventy-Four Million, Three Hundred Thousand Naira).”

“Pursuant to Section 516 of the Criminal Code Act, Laws of the Federation of Nigeria, 2004, the offenses alleged are contrary to law and punishable accordingly.”

Reports have it that Ranesh has consistently failed to attend court proceedings presided over by Justice Egwuatu since the beginning of the case.

“On Monday, when the case was called, Ademola-Bello informed the court that, pursuant to the previous adjournment, the parties had been directed to submit written addresses on the legal points pertaining to Sections 221 and 396(2) of the Administration of Criminal Justice Act (ACJA), 2015,” Daily Nigerian reported.

“In accordance with the court’s order, our written address was filed on October 31, 2024.”

“Upon reviewing the prosecution’s response, we subsequently filed a reply on points of law on October 31, 2024.”

Following the absence of the prosecutors in court today, the judge expressed concern, stating, “Are we playing here? Where is the respect for the court when the people you are defending are not in court?”

Egwuatu has issued a formal order for the arrest of the Dana Air MD, to ensure his presence in court on the next date of adjournment.

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