Alleged Forgery: Absence Of Innoson Boss, Others Stall Arraignment
The planned arraignment of the Chairman of Innoson Nigera Limited, Innocent Chukwuma and four others before Justice Ayokunle Faji of the Federal High Court in Lagos was on Friday stalled due to his refusal to show up in court.
Justice Faji had on June 24 order the arrest of the Innoson Motor boss and two others, Charles Chukwu and Anajekwu Sunny in order to compel them to appear before him so that they can take their plea.
Innoson and Others are facing a four count-charge of conspiracy, forgery and fraud to the tune of N2.4 billion in the charge marked FHC/L/565c/2015, filed by the Attorney General of the Federation on behalf of the federal government of Nigeria.
At the resumed hearing of the case on Friday, the prosecutor, Chief Bolaji Ayorinde, (SAN) told the judge that the prosecution have just obtained the original copy of the warrant and intend to execute same on the named defendants.
Ayorinde, however, said he was gratified that the defendants are represented by senior counsel, which would aid and accelerate the course of justice.
He further stated that he wonder if the defense counsel led Chief George Uwechue (SAN) will be willing to assist in locating the defendants who are his clients so that the warrant can be executed.
But Chief Uwechue in his response told the court that consequent upon the ruling of the court on the 24th of June, the 1st, 2nd and 5th defendants had each filed an Appeal against the ruling, and also filed a motion on notice dated 26 June,2019 for an order staying the execution of the warrant or in the alternative dismissing the warrant for it was given out of jurisdiction.
Chief Uwechue said the defence is yet to serve the other parties.
Uwechue also informed the court that the second motion which was also dated June 26, 2019 is also seeking for a relief striking out the proceedings of the court on 24th of June for lack of jurisdiction.
Chief Ayorinde in his response to Uwechue’s submission said the first question to be asked is where are the defendants, ” Do they want to come here or be smoked out which may not be necessary.”
He said that the defendants can filed any motion in this world as many as they like, but that under section 306 of the Administration of Criminal Justice Act (ACJA) no court in the land can stop any court from proceeding with criminal matters before it.
He said, “my learned friends are here and should explain the whereabout of their clients. My Lord I urged the court to give us a short adjournment for the arraignment of the defendants.”
Ayotunde said that for the defendants to be asking the court to hear their motions, they should first be brought to court, anything short of that is making mockery of the judicial system which must not be tolerated.
However, Justice Faji while reacting to the submission of the parties particularly that of Chief Ayorinde for a date to arraign the defendants, said it would be proper to hear the defendants’ motions since they are challenging the proceedings of the 24th of June and also seeking to set aside the warrant for lack of jurisdiction.
Consequently, the judge adjourned the matter till 23rd of September, 2019 for further hearing.