The Attorney General of Ogun State, Dr. Olumide Ayeni, has entered a nolle prosequi in the case of a medical doctor, Dr. Shirish Tanksale, who was accused of misappropriating a sum of N129,793,595 belonging to Rubee Medical Centre Limited, Sango Ota, Ogun State, where he was an employee.
Based on the nolle prosequi, the trail judge, Justice Catherine Ogunsanya, on January 11, 2018 struck out the charge marked HCT/15C/2009 against Tanksale.
The prosecuting counsel for the state, O.T. Olaotan, had told the judge of the state’s decision to discontinue the case based on the nolle prosequi dated December 14, 2017 and filed on December 18, 2017.
In the said nolle prosequi, the attorney general said he acted “in exercise of the powers conferred upon me vide Section 211(1)(2) and (3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended),” to “wholly discontinue the criminal proceedings in Charge No. HCT/15C/2009 – The State v Dr. Shirish Tanksale.”
The AG explained that “in arriving at the foregoing decision, I have determined that no further public interest will be served, that it is in the interest of justice to discontinue as well as the need to encourage restorative justice, having regard to the material attached herewith.”
Based on the nolle prosequi, the state’s counsel, Olaotan, urged Justice Ogunsanya to discontinue the matter.
In a short ruling, the judge held, “In the circumstance, the charge is struck out.”
The Vaswani family, owner of Rubee Medical Centre Limited, and Tanksale had earlier on December 6, 2017 executed an agreement in which they agreed to settle the case amicably and ask the attorney general to discontinue the criminal charge against Tanksale.
The parties agreed that Tanksale will concede “two vehicles being a Toyota Camry and a Toyota Rav4 jeep with registration numbers AP569TTD and AD242TTD, deposited at the High Court of Ogun State, Ota premises by the prosecution as exhibits to be tendered at the trial of the ex-employee (Tanksale) in the above mentioned case, shall be applied for by the prosecution and released or handed over to Rubee Medical Centre Limited, immediately after the execution of this agreement.”
It was also agreed, among other things, that Tanksale “shall pay to the employer, the sum of N20m in four installments of N5m each within a period of two years from the date of this agreement.”
Tanksale was also to “tender, in writing, an unconditional and unreserved apology to the employer, Mr. Rajan V. Vaswani, and the entire Vaswani family, who have all suffered odium and financial loss as a result of the action of the ex-employee (Tanksale).”
In line with the agreement, Tanksale wrote a letter of apology dated December 6, 2017 to Rajan V. Vaswani, the Vaswani family and Rubee Medical Centre Limited.
He tendered an unreserved apology “for all the inconveniences, embarrassments, odium, financial loss that all my actions, deeds, omissions, false report and comments, both public and private, have occasioned them individually and collectively during and after my period of employment with them.
He said he “deeply and hereby withdraw, unconditionally, all such reports, comments, utterances and actions and say that they were misguided, misadvised and totally untrue.”
“I deeply and sincerely regret my actions and apologise to the entire Vaswani family as I earlier stated in my letter of 27th October, 2008,” Tanksale added.
Based on the nolle prosequi, the trail judge, Justice Catherine Ogunsanya, on January 11, 2018 struck out the charge marked HCT/15C/2009 against Tanksale.
The prosecuting counsel for the state, O.T. Olaotan, had told the judge of the state’s decision to discontinue the case based on the nolle prosequi dated December 14, 2017 and filed on December 18, 2017.
In the said nolle prosequi, the attorney general said he acted “in exercise of the powers conferred upon me vide Section 211(1)(2) and (3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended),” to “wholly discontinue the criminal proceedings in Charge No. HCT/15C/2009 – The State v Dr. Shirish Tanksale.”
The AG explained that “in arriving at the foregoing decision, I have determined that no further public interest will be served, that it is in the interest of justice to discontinue as well as the need to encourage restorative justice, having regard to the material attached herewith.”
Based on the nolle prosequi, the state’s counsel, Olaotan, urged Justice Ogunsanya to discontinue the matter.
In a short ruling, the judge held, “In the circumstance, the charge is struck out.”
The Vaswani family, owner of Rubee Medical Centre Limited, and Tanksale had earlier on December 6, 2017 executed an agreement in which they agreed to settle the case amicably and ask the attorney general to discontinue the criminal charge against Tanksale.
The parties agreed that Tanksale will concede “two vehicles being a Toyota Camry and a Toyota Rav4 jeep with registration numbers AP569TTD and AD242TTD, deposited at the High Court of Ogun State, Ota premises by the prosecution as exhibits to be tendered at the trial of the ex-employee (Tanksale) in the above mentioned case, shall be applied for by the prosecution and released or handed over to Rubee Medical Centre Limited, immediately after the execution of this agreement.”
It was also agreed, among other things, that Tanksale “shall pay to the employer, the sum of N20m in four installments of N5m each within a period of two years from the date of this agreement.”
Tanksale was also to “tender, in writing, an unconditional and unreserved apology to the employer, Mr. Rajan V. Vaswani, and the entire Vaswani family, who have all suffered odium and financial loss as a result of the action of the ex-employee (Tanksale).”
In line with the agreement, Tanksale wrote a letter of apology dated December 6, 2017 to Rajan V. Vaswani, the Vaswani family and Rubee Medical Centre Limited.
He tendered an unreserved apology “for all the inconveniences, embarrassments, odium, financial loss that all my actions, deeds, omissions, false report and comments, both public and private, have occasioned them individually and collectively during and after my period of employment with them.
He said he “deeply and hereby withdraw, unconditionally, all such reports, comments, utterances and actions and say that they were misguided, misadvised and totally untrue.”
“I deeply and sincerely regret my actions and apologise to the entire Vaswani family as I earlier stated in my letter of 27th October, 2008,” Tanksale added.
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