The Federal Government has urged the Federal High Court in Lagos to issue a bench warrant against Innoson Nigeria Limited’s Chairman, Innocent Chukwuma, and two others.
The Federal Government made the plea on Monday before Justice Ayokunle Faji, where Chukwuma and four others are standing trial for alleged fraud.
The police charged them with an alleged N2.4 billion shipping fraud, but the Attorney-General of the Federation and Minister of Justice has taken over the matter.
The four others charged along with Chukwuma are two of his employees: Charles Chukwuma and Maximian Chukwura, who have also failed to appear in court; and two companies: Mitsui Osk Lines and Anajekwu Sunny.
The prosecution is praying the court to order the arrest of Chukwuma and the two others for failing to take their pleas in a criminal charge.
They were still all not in court on Monday.
The prosecuting counsel, Julius Ajakaiye, moved an application for the court to order the arrest of the defendants.
Ajakaiye said the charge was served on them through a court-ordered February 8, 2016 substituted service, following the AGF’s take-over of the matter.
He said since then, the third and fourth defendants had been coming to court, while the first, second and fifth defendants “have refused, failed and neglected to appear in court till date”.
Ajakaiye said the defendants were yet to take their pleas and should be compelled to appear.
The lawyer added that an April 12, 2016, the amended charge could not be served on the absent defendants.
He urged the court to grant his application by ordering their arrest.
But the defence counsel, Chief George Uwechue (SAN) and Prof. C. Mbadugha, prayed the court to dismiss the application.
They argued that the court lacked jurisdiction to issue the warrant against the defendants “because they were not properly before the court”.
The lawyers said the application contradicted Order 6 of the Federal High Court Civil Procedure Rules, adding that there was no proper service on their clients.
The prosecution accused the defendants of conspiring to unlawfully falsify shipping clearance documents.
They were also accused of “uttering” (presenting) the allegedly falsified shipping documents as collateral to Guaranty Trust Bank Plc to allegedly obtain a loan of N2.4 billion.
The Federal Government claimed that the defendants committed the offence at Apapa Wharf, Lagos on October 10, 2013.
The alleged offence is contrary to sections 1(2) (c) and 3(6) of the Miscellaneous Offences Act, Cap M17, Laws of the Federation 2004.
Justice Faji adjourned for ruling till July 3.
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