Court Discharges Chinese Charged For Forging trade marks of some popular rice brands in Nigeria

Court Discharges Chinese Charged For Forging trade marks of some popular rice brands in Nigeria

Justice Mohammed Yunusa of the Federal High Court in Lagos on Wednesday, dismissed a suit against a Nigerian based Chinese businessman, Hong Dong Shen, charged with forging the trade marks of some popular rice brands in the country.

Justice Yunusa struck out the charge against the accused, on the grounds that the case had lingered for too long without the prosecution calling witnesses to testify before the court.

He, therefore, struck out the suit for lack of diligent prosecution, and discharged the accused.

The accused was arraigned before the court on four-count charge of forgery, fraud, unlawful possession and stealing. 

He was arraigned on July 29, 2013, and had pleaded not guilty to the charge.

The court had granted him bail in the sum of N2 million, with two sureties in like sum.

Justice Yunusa had also ordered the accused to deposit his traveling documents with the court's registry, and had set down the case for trial.

The suit however, suffered series of adjournments at the instance of the prosecution, who were unable to produce witnesses in court to testify against the accused.

Following the inability of the prosecution to provide its witnesses, among other circumstances, the matter was adjourned a number of times.

The case was adjourned to Sept. 19, 2013, Nov. 7, 2013, Dec. 11, 2013, Jan. 15, 2014, May 20, 2014, July 3, 2014, Nov. 12, 2014, and Dec. 10. 2014.

The prosecutor, Daniel Apochi, had on different adjourned dates, failed to produce his witnesses in court.

He had informed the court that the Investigating Police Officer (IPO) and other witnesses were out of the jurisdiction of the court, and so, he was unable to secure their attendance.

Justice Yunusa in his ruling on Wednesday, expressed dissatisfaction with the attitude of prosecution.

He held that the case had dragged on for about 18 months without significant progress.

"This case has dragged on for about 18 months and had been adjourned on more than nine different occasions.

"So far, the prosecution has been unable to produce any witness to testify in court, inspite of motions having been served.

"The case is hereby struck out for lack of diligent prosecution," he said

Yunusa also ordered the international passport of the accused to be released to him by the court.

The prosecutor had told the court in the charge that the accused committed the offence between February 2011 and March 2013.

He said that the accused forged the trade mark of Ollam Nig. Ltd, producers of Mama Gold Rice, and had fraudulently, reproduced about 140 bags for illegal sale to members of the public.

According to the prosecutor, the trade mark is valued at N200 million.

The alleged offence was said to contravene the provisions of sections 390 (9) and 516 of the Criminal Code Act, Laws of the Federation, 2004, as well as section 3 and 32 of the Merchandise Act, 2004.