Absence of Chairman Innoson Motor Stalls Arraignment
The planned arraignment of the Chairman of Innoson Nigeria Limited, Innocent Chukwuma before the Lagos State High Court sitting in Ikeja over allegations of fraud was yesterday stalled due to the absence of the accused persons.
The Economic and Financial Crimes Commission (EFCC) has filed a four-count charge of conspiracy to obtain property by false pretense, obtaining property by false pretense, stealing and forgery against the industrialist and his company.
The commission had also joined his brother, Charles Chukwuma as an accused persons in the charge, which was filed on November 30
According to the first count, the accused, between 2009 and 2011, conspired to obtain by false pretense containers of motorcycle spare parts and raw materials from Mistui OSK Limited, a company based in Apapa, Lagos.
According to the EFCC the alleged offense was contrary to Section 8 (a) and 13 of the Advance Fee Fraud and Other Offences Act No. 14 of 2006.
The items listed are said to be the property of Guaranty Trust Bank (GT Bank).
In the second count, the EFCC alleged that the accused bribed staff of Mistui OSK and Maersk Line Limited to deliver to them, through their clearing agents, containers of motorcycle spare parts, moulds of plastic parts, steel structures as well as raw materials called polyvinichlorid imported into Nigeria from China in the name of GT Bank as the consignee by pretending they had the authority of the bank to clear the items and took delivery of same.
The alleged offense, the EFCC said, is a contravention of sections 11 (1)(b) and 1(3) of the Advance Fee Fraud Act.
When the matter was called on Wednesday, counsel to Chukwuma and his co-accused persons, U. Onwukwe informed the court that his clients were absence in court because they have not been served with a copy of the charge.
He also told the court that he had filed an application challenging the jurisdiction of the court to hear the case.
“We have an application objecting to the jurisdiction of this court and it was filed on January 15.
“My client has not been served, when this matter was filed, the EFCC went to social media, and it was through social media that we became aware and we have not been served.
“The EFCC arrested them and they know where they reside, they granted the second defendant (Innocent Chukwuma) bail on self recognition.
He said he was told to come to EFCC office on February 20, and in December, they went ahead to file these charges.
“Charles Chukwuma,who is the third defendant in the charge, was not even arrested by the EFCC,” Onwukwe said.
Interjecting, counsel to the EFCC, Miss Zainab Ettu, claimed that the automobile businessman and his co-defendants were evading service.
“The most important thing is for us to proceed to trial; the defendants are on administrative bail.
“As diligent citizens of the country, when they were aware of the charges they are to come to the EFCC office with their counsel and receive a copy of the charge.
“In order to frustrate the trial, they did not come to court but rather filed a frivolous application; they have been evading service.
“The person they are trying to protect is the second defendant who thinks he is too mighty to come to court; the defence counsel is shielding his client.
“My Lord, we will be asking for the shortest possible date since they are evading service, so that we can serve them in the courtroom,” the EFCC prosecutor said.
The presiding judge, Justice Mojisola Dada, asked the EFCC to pass an advance copy of the charge to Onwukwe as a form of service.
Onwukwe, however, objected by saying that he could not accept the advance copy of the charge as a form of service to the defendants.
“Put the copy of the charge on the table if he refuses to accept it,” the judge ordered.
The court also directed the lawyer to produce his client at the next sitting of the court.
Justice Dada then adjourned the case till February 9.
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