Admin l Friday, February 09, 2019
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IKEJA, Nigeria – Professor J.N Mbadugha, counsel to Mr. Innocent Chukwuma narrowly escaped jail today and had to plead with Justice Mojisola Dada not to carry out her threat to send him to prison for unrully behaviour which threw the court into total confusion.
The professor who attempted to intimidate the judge by announcing his appearance as a professor shot himself in the foot when he revealed during altercation with EFCC Prosecutor, Mr. Anselem Ozioko that he is a Professor of International Jurisprudence, which downgraded his rating before the judge who hitherto believed him to be a professor of law.
The EFCC had instituted a suit bordering on fraud and stealing against Chukwuma alongside his company Innoson Motors Limited and Charles Chukwuma he did not appear in court for the scheduled arraignment.
Justice Dada said, “A bench warrant is hereby served on Innocent Chukwuma, he will remain in custody till the next adjourned date. The case is adjourned till March 14 for possible arraignment.” Earlier during the proceedings, a mild drama ensued in the courtroom, with Justice Dada threatening to charge Prof. J. N Mbadugha, the defence counsel for Innoson and Innoson Motors Ltd, for contempt of court.
The threat against Mbadugha followed his disrespectful conduct and outburst against the court in his opening address. When the matter was called, Charles Chukwuma, a third defendant was not present in court and had no legal representation. Mbadugha in his address had shouted: “This proceeding is a clear abuse of court processes, the EFCC is a reckless arbiter.
“My Lord has refused to be bound by the rule of law and doesn’t want to be bound by the doctrine of Stare Decisis; my Lord wants to override the decision of the Supreme Court.”
Justice Dada, in response, said: “Your whole comportment, conduct, countenance smacks of disrespect to the court and rule of law, I will report you to the Nigerian Bar Association. You are insulting the court, this is clear contempt in the face of the court; you will go to prison from here, if you think the court is defenceless and powerless, you’d be surprised.”
The counsel, (Mbadugha) who initially said he was ready to be charged for contempt, later apologised to the court saying he had withdrawn his earlier statements.
“I am sorry My Lord, I hope the court gives me a second opportunity.I want to urge the court to temper justice with mercy; to err is human, but to forgive is divine.”
The EFCC counsel,Ozioko asked that a bench warrant be served on the defendants for non appearance at the court faulting their disposition that they appeared before the Senate Committee but failed to come to court to answer charges.He said, ” We were here on the 17th of January, but was represented by a lawyer and you made an order to serve the lawyer. We have another person who is here on behalf of the first and second defendants… They were physically present at the National Assembly, they have respect for the legislative assembly but none for the court. ”
He further submitted that the defendants have criminal charges against them and they have to come to court, but he expressed surprise that his learned friend was in court full of venom and disrespect for the court.
“The first and second defendants are not here because he has advised them not to be here. He has told those who are not lawyers not to be here. But whatever the case, having been duly served, they have submitted to the court, their lawyer is here, the other lawyer was here to represent them.
Justice Dada however inquired about the third defendant form Mr. Ozioko, he replied that “we got across to the 3rd defendant. We are prepared to amend the charge. However, we shall be applying for a bench warrant on all the defendants particularly the second defendant.
The judge however granted his request, issued warrant on the third defendant. The defendants were to be arraigned on a four-count charge of conspiracy to obtain property by false pretenses, obtaining property by false pretenses, stealing and forgery. The anti-graft commission had alleged that defendants committed the offences between 2009 and July 2011 in Lagos.
It also alleged 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.
Also, they were said 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 anti graft also claimed 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.
The alleged forgery was in order that the forged documents be used or acted upon as genuine to the prejudice of any person within Lagos or elsewhere.
Their offences contravenes 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.
