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Pending application at Supreme Court stalls trial of Innoson,others

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By Onyewuchi Ojinnaka
Senior Correspondent

Justice Ayokunle Faji of the Federal
High Court Lagos Thursday stayed proceedings in criminal case of fraud filed against Innoson Nigeria Limited and five others by the police

Others named in the charge No FHC/565c/16 are chairman of Innoson Motors, Mr Innocent Chukwuma, Charles Chukwu, Maximian Chukwura, Mitsui Osk Lines and Anajekwu Sunny.

They were alleged to have been involved in a N2.4 billion shipping fraud.
However, real trial in the case is yet to commence due to various applications filed by the defendants, of which some are on appeal

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Besides, since the filing of the suit by the police, Mr Chukwuma has never appeared in court for the case and was not in court on Thursday when the matter was mentioned.

Consequently, Justice Faji could not go on to entertain the case, saying that he was staying proceedings due to pending application that was yet to be determined.

“In view of the pending motion for stay of proceedings at the Supreme Court, this court will wait until it is determined,” he ruled.

According to Justice Faji, “lower courts must wait on the Supreme Court where a decision on appeal would have a direct impact on proceedings.

“To do otherwise will amount to an invitation to judicial anarchy,” he added.

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When the defence counsel told him about other pending applications, he said: “I cannot do anything. I cannot even cough.”
He therefore adjourned the case till March 12 for mention.

The police had brought the charge accusing the defendants of conspiring among themselves to unlawfully falsify shipping clearance documents.
They were accused of uttering the falsified shipping documents and tendering same as collateral to Guaranty Trust Bank for the purpose of the loan of N2.4 billion they allegedly obtained from the bank.
The police further averred that the defendants committed the offence at Apapa wharf on October 10, 2013.

According to the police prosecutor Mr U.S .Nwodo who signed the charge sheet, the offences allegedly committed by the defendants are contrary to Sections 1(2) (c) and 3(6) of the Miscellaneous Offences Act, Cap M17, Laws of the Federation 2004.
The prosecuting counsel for the police, Mr. J.I. Ajakaiye, who was in court confirmed that there was a pending appeal at the Supreme Court.

Also present in the court were Counsel for Innoson Nigeria, Chief George Uwechue (SAN), and other defence counsel, Prof. C. Mbadugha and Mr. Olusola Abioye.

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