Innoson who did not physically appear in court was to be arraigned to take his plea on fraud charges filed against him by the Economic and Financial Crimes Commission (EFCC).
Tribune Online recalls that the presiding Judge, Justice Dada had on Feb. 9 issued a bench warrant for Innoson’s arrest following his failures to appear in court on Jan. 17 and Feb. 9.
Justice Dada had at Wednesday’s proceedings that Innoson had filed a petition against her to the National Judicial Commission (NJC).
The judge said that she will not take further steps in the hearing of the case until she responds to the undisclosed grounds in the petition against her.
“I have no personal interest in this case, in fact, I will be relieved if this case is taken of me as it will be a reduction of my workload.”
“This case is adjourned till Wednesday, April 25, for arraignment,” she said.
Earlier, when the case was called for arraignment, Mr George Uwechue (SAN) the defence counsel for Innoson Motors Nigeria Ltd told the court that he had filed four applications in the suit.
Uwechue said the applications should be heard by the court first before the automobile boss could be arraigned.
The SAN noted that the EFCC had just served the defence with an amended charge despite a pending appeal in the higher court over the charges.
“We have just been served with the amended charge by the EFCC, My Lord, there is a Notice of Appeal filed against the order of this Honourable Court.
“There is also at the Court of Appeal, a Notice to Stay Proceedings of this matter, we were not given adequate time to study the charge.
“The charge is an abuse of court processes, there is a charge pending at the Federal High Court filed against the first defendant by the Federal Government.
Responding to the defence counsel, Mr A. B. C Ozioko, the lead prosecuting counsel of the EFCC asked that the arraignment take place as scheduled noting that the applications filed by the defence were a ploy to delay proceedings.
“The defence running to the NJC is immaterial, this case should not be treated as special, it is like any other case, I hear the first defendant may be in court.
“The defence filed five applications, not four as alleged by the Senior Advocate.
“On Jan. 15, they filed an application challenging the jurisdiction of this court, on Jan.18, they asked for a mandatory injunction that the EFCC not be heard in any of the application.
“On Feb. 5 they filed another application that Your Lordship disqualifies herself, on Feb. 9, they filed an application requesting for the stay of execution of the order of the bench warrant and on Feb. 12, they asked My Lordship to dismiss the bench warrant.
“Prof. J. N Mbadugha, the counsel to the second defendant has abused court processes, it is not meant to harass and intimidate the court,” he said.
The EFCC prosecutor noted that the anti-graft agency had responded to the five applications and is ready to proceed with the case despite Innoson evading arrest by the EFCC.
“The presence of the Senior Advocate of Nigeria cannot change the fact that the defendants must be physically present in court, that is the law,” he said.
Chukwuma and his company, Innoson Motors Nigeria Ltd, were accused by the EFCC of obtaining by false pretences containers of motorcycles, spare parts and raw materials property of Guaranty Trust Bank (GTB) from Mitsui OSK Lines Limited, Apapa, Lagos.
They are 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 offences, according to the EFCC, are in contravention of 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 of Lagos State 2003.
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