Emmanuel Thomas l Wednesday, April 25, 2018
IKEJA, Lagos, Nigeria – A Domestic and Special Offences Court sitting in Ikeja, Lagos was this morning thrown into confusion as defence team made up of Professor J.N Mbadugha and Mr. George Uwechue(SAN) engaged prosecution led by ABC Ozioko in shouting bout over propriety of producing Innoson in court before any application could be heard.
The Economic and Financial Crimes Commission(EFCC) had on four occaisions failed to arraign Chairman Innoson Group of Companies, Chief Innocent Chukwuma who is being prosecuted on a four-count charge of conspiracy to obtain property by false pretense, obtaining property by false pretenses, stealing and forgery.
The EFCC alleged that the 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.
But when the case cited as FGN Vs Innoson Nigeria Ltd, was called today, the defence team comprising Mbadugha(Innoson Nigeria Ltd) and Uwechue(for Innocent Chukwuma) announced their appearance but Innocent Chukwuma was no where to be found.
Prosecution, led by ABC Ozioko informed the court that the business of the court is arraignment of the defendant and that the defence has filed six applications on jurisdiction and others waiting for his reply and that the defendant would be in court by the next date but that it could not act on the bench warrant based on the petition against the judge to the National Judicial Commission. In her response, Justice Mojisola Dada told the court that she is yet to get a reply from the NJC and that she could be relieved of the case.
At this point, Mbadugha said he had no copy of NJC direction on the matter. But his colleague, Uwechue attempted to address the court quotting authority to support his argument for the court to proceed with the case in the absence of the defendant and in the process misquoted Justice Mojisola Dada by saying that Her Lordship had said that it is impossible to bring application before the court in the absence of the defendant.
But the judge interjected, making it clear that what she said was that no application will be heard in the absence of the defendant.
“You cannot raise your application before the arraignment, you client has to be here”, she insisted.
But the SAN became unrully. Shouting at the top of his voice, he said: You can’t stand me down my Lord”, he said, but the Judge replied by saying, “you will injure yourself”. But he continued: I am an octogenerian, I have 50 years on the bar. You have no right to engage me”, he said. But the judge replied, “that is the reason you should comport yourself”.
But he insisted and attempted to quote from an authority from the Nigerian Weekly Law Report. It was then that ABC Ozioko confronted him that the defendant has to be here before taking his address but the SAN commanded him to sit down. But he continued, stressing that he cannot be intimidated as a representative of the Federal Government. It was then that the SAN told him, that he will quit practice because of people of is calbibre. At this point there was total confusion in court and lack of restraint forcing the judge to adjourn till May 24 for arraignment.
