By Onyewuchi Ojinnaka
A Federal High Court, Lagos, has sentenced one Nnamdi Okoye (1st defendant) and Ikechukwu Ezeogwum (2nd defendant) to a total of eight and a half years imprisonment each, for offenses bordering on felony, forgery, Unlawful Possession of the Trade Mark of ‘Above Oil Sheen Hair Spray’ products and defrauding Dubas N Ches Commercial Company Limited, owner of the registered Trade Mark of the pirated product.
The prison sentence was handed down on the convicts by Justice Okon Efiriti Abang after finding the duo guilty while delivering judgment in a criminal trial which lasted for nine years.
Reviewing the facts of the case, Justice Abang said that in analyzing the evidence before him, there is a substantial and concrete evidence that there is a link between the first and second convicts as the second convict admitted in his statement to the police that he gave the product to the first convict. He also admitted before the police that he is not the first to produce the product in question.
Abang also noted that the second prosecution witness who is a staff of PW1, Chief Okwudiba Anyaora (owner of the Trade Mark) also linked the first convict to the crime, testifying that she went to the shop of the first convict and bought three cartons of the product and obtained receipt from the first convict.
The trial judge held that there is overwhelming evidence that the convicts conspired together to forge the trade mark of the original owner and consequently convicted both of them on the four counts charge.
Sentencing the convicts, Justice Abang said:
“The convicts, did not show any remorse in this matter. I see the convicts as unrepentant criminals who are reaping from where they did not sow. They intentionally forged the product. They have the opportunity to resolve the matter amicable but hardened their minds.
“I therefore sentence both convicts to seven years imprisonment each on count one, six months imprisonment each on count three, six months imprisonment on count two for second convict while first convict was discharged and acquitted on count two; Court struck out count four for lack of evidence and therefore first and second convicts are discharged and acquited on count four”
Justice Abang said the term of imprisonment should start from the date of judgment and to run concurrently
According to the Charge No FHC/L/225c/2009, the two convicts and others said to be at large were said to have sometime between April 2009 and May 2009 at the Trade Fair Complex along Badagry Expressway Lagos, conspired together to commit felony to wit: Forgery, Unlawful Possession of Trade Mark of ‘Above Oil Sheen Hair Spray’ products and defrauding Dubas N Ches Commercial Company Limited of their valuable (i.e. illegal sales of “Above Oil Sheen Hair Spray” products and stealing, thereby committing an offence punishable under Section 516 of the criminal code Act Cap 038 Laws of the Federation of Nigeria, 2004.
Count 1: That you Nnamdi Okoye
(M) Ikechukwu Ezeogwum (M) and others still at large, sometime between April 2009 and May 2009 at above Plaza Trade Fair Complex along Badagry Expressway Lagos in the Lagos Judicial Division did conspire together to commit felony to wit: Forgery, Unlawful Possession of Trade Mark of ‘Above Oil Sheen Hair Spray’ products and defrauding Dubas N Ches Commercial Company Limited of their valuable (i.e. illegal sales of “Above Oil Sheen Hair Spray” products and stealing
and thereby committed an offence punishable under Section 516 of the criminal code Act Cap 038 Laws of the Federation of Nigeria, 2004.
The convicts, Nnamdi Okoye, Ikechukwu Ezeogwum and others stlll at large were said to have on the same date with intent to defraud Dubas N Ches Commercial Limited Company forged the trade Mark called “Above Oil Sheen Hair Spray of Dubas N Ches Commercial Company purporting same to be company’s products/trade mark with intent that it may be used or acted upon as genuine whether in Lagos or elsewhere to the prejudice of any person believing it to be valid and thereby committed an offence punishable under Section 3 (3) (b) of the merchandise marks Act Cap 773 laws of the Federation of Nigeria 1990 as amended
The two convicts were also said to have knowingly, have unlawfully in their possession/control and or offer for sale or store some quantity of the pirated product.
