By Onyewuchi Ojinnaka
Justice Ayokunle Faji of a Federal High Court, Lagos, Nigeria on Friday, fixed Jannuary 29, 2019, to hear a motion, seeking bench warrant against the Chief Executive Officer of Innoson Nigeria Ltd, Innocent Chukwuma, and others, charged along with him on alleged forgery.
The Federal Government, through the office of the Attorney-General of the Federation (AGF), had filed a four count charge of forgery against the accused in a suit FHC/L/565C/1.
Listed as defendants are: Innosson Nig. Ltd, Innocent Chukwuma, Charles Chukwu, Maximian Chukwura, Mitsui Osk Lines ‘C’ and Anajekwu Sunny.
They were alleged to have conspired to commit the said offence on October 10, 2013, at Apapa Wharf.
At the last adjourned date on November 9, the court had adjourned until Friday (today) for hearing of a motion seeking bench warrant against the defendants.
The matter however, could not proceed as scheduled following the absence of defence counsel, Prof. Macarthy Mbadugha, who is said to be on a medical trip abroad.
He had written a letter to the court asking for an adjournment on medical grounds.
Other counsel did not oppose the request for adjournment .
Following the development, Justice Faji adjourned the case until January 29, 2019 for hearing.
In the charge, the prosecution alleged that the defendants falsified shipping documents, which they deposited with Guaranty Trust Bank Plc as collateral for the sum of N2.4 billion.
The loan facility was said to have been granted to Innosson Nig. Ltd.
The shipping document was also alleged to have been falsely presented as genuine and with intent to defraud, in order to clear goods worth N2.4 billion.
According to the charge, the offence contravenes the provisions of Sections 1(2) (c), and 3(6) of the Miscellaneous Offence Act, Cap M17, Laws of the Federation 2004.
Justice Faji, had on January 11, stayed proceedings in the criminal charge before the court, pending the outcome of an appeal filed by the defence at the Supreme court.
During one of the court’s sitting. the prosecutor, Mr Julius Ajakaiye, from the Federal Ministry of Justice, had informed the court of an earlier decision of the Court of Appeal which he argued had dismissed the defence’s appeal for stay of proceedings.
Citing the provisions of Sections 306 of the Administration of Criminal Justice Act, 2015, and the case of FRN vs Olisa Metu, Ajakaiye had urged the court to vacate its earlier order to await the decision of the Supreme Court, and order the hearing of prosecution’s motion for bench warrant against the accused.
The court had consequently, vacated its earlier order for stay of proceedings,, and had set a date for hearing of the prosecution’s motion for bench warrant.
