JUSTICE Olusola Williams of a Lagos Special Offences Court in Ikeja yesterday ordered the Economic and Financial Crimes Commission (EFCC) to produce Innosson Motors Limited Chairman Innocent Chukwuma in court for arraignment.
Justice Williams made the order following Chukwuma’s absence in court to face forgery charges preferred against him by the EFCC.
The judge said: “I believe it is the job of the prosecution to bring the defendant to court. The judge is just to make an order that he should appear in court, but we cannot enforce the order. The responsibility of enforcing the order still lies on the EFCC to make sure he is in court.”
Innoson had earlier on six occasions failed to appear in court before Justice Mojisola Dada also of a Special Offence Court, Ikeja.
The development made Justice Dada to declare him wanted, following the failure of the commission to produce him in court.
Justice Dada later withdrew from Innoson’s trial on the recommendation of the National Judicial Council (NJC) in response to a February 12 petition against her by the automobile businessman.
The matter was subsequently re-assigned to Justice Williams for arraignment.
But at the resume of the proceedings yesterday, Chukwuma was also absent in court when the matter was called.
The prosecution, A.B.C Ozioko, informed the court that the defendant and his counsel were absent in court.
“My lord, it appears that the second defendant and my learned colleagues from the other side are not in court.
“He has refused to come for his arraignment for the sixth time, even when the matter was before your learned brother, Justice Dada, despite all efforts to bring him here.
“He has also files seven different applications in-between the period he was supposed to be arraigned,” he said.
Ozioko told the court that the second defendant is the alter-ego of the first defendant, which is his company.
He said the applications he submitted before the court earlier include: an application challenging the jurisdiction of court, an application to disqualify himself from the charge before the court.
Other applications include: an order of stay of execution on bench warrant issued by the court and a stay of execution of warrant of arrest, among others.
The prosecution informed the court that the Innoson Motor boss has refused to honor the court order by his continuous absence in court after he was granted an administrative bail by the EFCC.
“My lord, in view of the absence of the defendant, we shall be asking for an adjournment date,” the prosecution counsel said.
Justice Williams, however, told the EFCC’s counsel to do all he can do to bring the defendant to court.
“It is the prosecution’s duty to make sure the defendant is in court to answer his case. I can’t be issuing an order to a defendant that seems not to be existing.
“I will give you a date and anytime you are able to arrest the defendant, just inform the court registrars and bring him to court for arraignment.
The judge thereafter adjourned the matter till October 10, 2018 for arraignment.
Chukwuma and his company, Innoson Motors Nigeria Ltd., were to be arraigned on a four-count charge of conspiracy to obtain property by false pretences, obtaining property by false pretences, stealing and forgery in a transaction with Guaranty Trust Bank (GTB).
According to the charge sheet, the defendants committed the offences between 2009 and July 2011 in Lagos.
The EFCC alleged that the defendants, with intent to defraud, conspired to obtain by false pretences containers of motorcycle, spare parts and raw materials, property of
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.
