Admin l Thursday, May 23, 2018
IKEJA, Lagos, Nigeria – A Special Offences Court sitting in Ikeja today granted an order declaring the Chief Executive Officer of Innoson Group of Companies, Mr. Innocent Chukwuma wanted over his refusal to show up in court. The court presided over by Justice Mojisola Dada had previously issued a bench warrant but at the resumed hearing, counsel to the Economic and Financial Crimes Commission(EFCC) on April 25, the EFCC for the 4th time failed to produce 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 failed to produce him, even when there are allegations that he cruises around town in custody of policemen who are his guards. Prosecution, led by ABC Ozioko informed the court that the agency could not reach the suspect but that it will make effort to produce him in court today, May 24, 2018. The judge earlier stated that she would not listen to any application from the defendant until he appears in court.
While addressing the court at the beginning of proceedings, EFCC lead counsel, Mr A. B. C Ozioko informed the court that they were not able to execute the Court’s Bench Warrant. The EFCC counsel insisted that it was disrespectful for the defendant to fail to appear in court for the fifth time and that the court and the law should not be disrespected by anybody no matter their standing in the society.
Counsel to Innoson, Chief George Uwechue, SAN told the court that even when the court does not want to listen to the application of a defendant, it was duty bound to do so when it borders on challenging jurisdiction to hear the matter under consideration and make a formal ruling on it.
“At the last hearing this honourable Court on the 25th day of April, 2018 this Honourable Court maintained its position at the previous hearing, that the court could not take any of the 1st and 2nd defendants pending applications on the ground that the 1st defendant had not been arraigned. We submitted that the court has a duty to take any application which challenges its jurisdiction or based on abuse of process. To support this our position, we cited the case of Igbeke v FRN (2015) 3 NWLR (pt.1445) 28 at page 49 D-H (ratio 2).
” It was the interruption by the complainant’s counsel in the course of our reading the case that led to the incident that brought about the sudden end of the proceedings. We urge the court to allow us complete our presentation because indeed, we have another case – a Supreme Court decision in support of our position which is COP v Amuta (2017) 3 NWLR (pt. 1445) 379 at 391-392 paras G-O.
” In that regard, my lord, we have the following applications directly challenging the jurisdiction of the court and on the grounds of abuse of process: the 1st and 2nd defendants notice of preliminary objection dated 15th January, 2018 urges the Court to dismiss the charge and discharge and acquit them for want of jurisdiction and abuse of process.
“This notice of preliminary objection can be taken in the circumstances but because there is an appeal which has been entered it will be more appropriate to stay action on that application until the appeal is determined. The application dated 12th February, 2018 also challenges the jurisdiction of the court and can be taken. We urge the court to make a formal ruling on this issue after due consideration of the authorities we cited above.”
EFCC is accusing Innoson of obtaining containers of motorcycles spare parts by false pretences between 2009 and July 2011 in Lagos, ‘with intent to defraud. The goods, said to be property of Guaranty Trust Bank Plc, were allegedly obtained from Mitsui O.S.K Lines Limited in Apapa .
According to the agency, Innocent Chukwuma “with intent to defraud induced the staff of Mitsui O.S.K and Maersk Line Limited to deliver”, to them through their clearing agents, the motor cycle spare parts, moulds of spare parts and steel structures and raw materials called polyvinlchlorid, imported from China. The charge said the accused falsely pretended that they were authorised by GTB to clear the goods and take delivery of them. The matter was adjourned till June 22, 2018.
