A mild drama ensued on Tuesday at an Ikeja Special Offences Court as the chairman of Innoson Motors Nigeria Limited, Innocent Chukwu failed to appear in court for his arraignment, for the fourth time.
Innoson had previously failed to face charges of alleged fraud preferred against him by the Economic and Financial Crime Commission on January 17, February 9 and March 14.
At the last sitting of the court on March 14, Innoson through his counsel, Mr George Uwechue (SAN), was said to have petitioned the National Judicial Council (NJC) over Justice Mojisola Dada, the judge trying the case.
He was said to have expressed doubts of getting a fair trial before the judge.
At resumed sitting of the court yesterday, Justice Dada told Innoson’s defence team led by Mr Uwechue that she would not hear any application brought by them in the absence of the defendant.
“No application will be moved in the absence of the defendant, my position remains the same.
“You can bring a thousand applications before me for all I care but no application can be heard in this court without the presence of the defendant,” Justice Dada said.
Earlier, Uwechue had moved that the defence has an application challenging the jurisdiction of the court to entertain the charges brought against his client by the EFCC.
He argued: “where there is an application before the court challenging jurisdiction, the court has a duty to hear the application even in the absence of the defendant.” Justice Dada, however, insisted that she will not hear any application until Innoson was present in court.
Uwechue, apparently taken aback by the response of the trial judge, insisted that his application must be taken by the court.
“You cannot stand me down My Lord, you cannot stampede me My Lord. I’m an octogenarian, I’m 50 plus years at the bar,” Uwechue shouted.
But Justice Dada would not be moved with the outburst of the defence counsel but rather retorted that that is the more reason why Uwechue should be better composed and comported, and mustn’t injure himself.
The heat generated by Uwechue’s outburst, further led to an exchange of words between the senior lawyer, Prof. J. N Mbadugha and the lead prosecuting counsel for the EFCC, Mr Anselem Ozioko.
At a point, Uwechue threatened to quit legal practice because of the conduct of Ozioko, the EFCC counsel.
Ozioko had told the court earlier that proceedings can go on despite the petition written to the NJC against Justice Dada by the defendant.
“I have it on good record that where there is a petition against a court, the court can proceed with the matter.
We have the NJC’s directions to that effect so that we can proceed with the case.
“I have also been served with many processes today by the defence one of which is a motion asking the court to set aside a process that my learned friend, Mbadugha, had received in open court.
“I’m sure that he realizes that it will affect him negatively, that is why he brought the motion,” he said.
The EFCC prosecutor added that the anti-graft commission was taking steps to ensure Innoson’s attendance in the next court date.
Mbadugha, who is also the defence lawyer for Innoson Motors Nigeria Ltd, had also told the court that he had through an appeal, challenged the jurisdiction of the court to hear the case.
“We have not been availed of the NJC’s directive, we have gone to the court of appeal as regards jurisdiction,” Mbadugha said.
Chukwuma and his company, Innoson Motors Nigeria Limited are to be arraigned on a four-count charge of conspiracy to obtain property by false pretenses, obtaining property by false pretenses, stealing and forgery.
According to the charge sheet, the defendants committed the offences between 2009 and July 2011 in Lagos.
The EFCC had 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.
They were alleged 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 prosecution claimed that the defendants 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 in order to facilitate the fraud.
It was alleged that the forged documents were meant to be used or acted upon as genuine to the prejudice of any person within Lagos or elsewhere.
The EFCC said the offences contravened 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, Laws of Lagos State 2003.
Justice Dada adjourned the matter until May 24 for arraignment of the automobile boss.
NAN
