Admin l Wednesday, March 14, 2018
IKEJA, Lagos, Nigeria – Chairman, Innoson Motors Nigeria Ltd, Mr. Innocent Chukwuma today failed to show up in court neither were officials of the Nigeria Police Force(NPF) able to produce him despite the bench warrant issued on February 9, 2018 by Justice Mojisola Dada for the police to arrest and produce him before the Special Offences Court, sitting in Ikeja, Lagos.
Innocent Chukwuma and his company, Innoson Motors Nigeria Ltd were scheduled for arraignment today on a four-count charge of conspiracy to obtain property by false pretense, obtaining property by false pretenses, stealing and forgery. The defendants, according to the charge sheet committed the offences between 2009 and July 2011 in Lagos.
The EFCC alleges that defendants with intent to defraud, conspired to obtain by false pretenses containers of motorcycle, spare parts and raw materials property of Guaranty Trust Bank (GTB) from Mitsui OSK Lines Limited, Apapa, Lagos. They were also alleged to have fraudulently induced staff of Mitsui OSK and Maersk Line to deliver to them via their clearing agents the goods which were imported from China in the name of GTB by falsely pretending that they were authorised by the bank to clear the goods.
The prosecution claim that the defendants, in order to facilitate the fraud, forged a bill of lading numbered 598286020 of Maersk Line Limited and 11007950841 of Mutsui O.S.K Lines by knowingly putting a false GTB stamp and signature of the bank staff and that the forged documents were used or acted upon as genuine to the prejudice of any person within Lagos or elsewhere, contrary to sections 1(1)(b), 1(3), and 8(a) of the Advanced Fee Fraud and Other Related Offences Act 2016 and Sections 309(9), 388, 465 and 467(1)(j) of the Criminal Code of Lagos State 2003.
At today’s sitting, Chukwuma was no where to be found near the court, except his lawyers like the previous two setting. Justice Dada however told the court that Innoson had filed a petition against her to the National Judicial Commission (NJC) in Abuja and that she will not take further steps in the matter until she has been able to respond adequately to the petition against her pending at the NJC.
“I have no personal interest in this case, infact, I’ll be relieved if this case is taken of me as it will be a reduction of my work load. This case is adjourned till Wednesday April 25, for arraignment,” she said.
Mr George Uwechue (SAN), counsel for Innoson Motors Nigeria Ltd earlier told the court that he had filed four applications in the suit and that the applications should first be heard by the court before arraignment of Innocent Chukwuma and that the EFCC has just served the defence an amended charge despite a pending appeal.
“We have just been served with the amended charge by the EFCC, My Lord, there is a Notice of Appeal filed against the order of this Honourable Court.There is also at the Court of Appeal, a Notice to Stay Proceedings of this matter, we were not given adequate time to study the charge. The charge is an abuse of court processes, there is a charge pending at the Federal High Court filed against the first defendant by the Federal Government.
Responding, Mr A. B. C Ozioko, the lead prosecuting counsel of the EFCC prayed the court for the arraignment to take place as scheduled noting that the applications filed by the defence was a ploy to delay proceedings.
“The defence running to the NJC is immaterial, this case should not be treated as special, it is like any other case, I hear the first defendant may be in court. The defence filed five applications not four as alleged by the Senior Advocate. On Jan. 15, they filed an application challenging the jurisdiction of this court, on Jan.18, they asked for a mandatory injunction that the EFCC not be heard in any of the application.
“On Feb. 5 they filed another application that Your Lordship disqualifies herself, on Feb. 9, they filed an application requesting for the stay of execution of the order of the bench warrant and on Feb. 12, they asked My Lordship to dismiss the bench warrant. Prof. J. N Mbadugha, the counsel to the second defendant has abused court processes, it is not meant to harrass and intimidate the court,” he said.
“The presence of the Senior Advocate of Nigeria cannot change the fact that the defendants must be physically present in court, that is the law. We made efforts to approach the second defendant by going to Enugu, Nnewi, Abuja and going through the back gate of the Senate and now we are here,” he said.
