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Bench warrant: Innoson files motion of appeal, stay of execution

The chairman of Innoson Motors Nigeria Limited, Innocent Chukwuma, has filed a notice of appeal and motion for stay of execution against the bench warrant…

The chairman of Innoson Motors Nigeria Limited, Innocent Chukwuma, has filed a notice of appeal and motion for stay of execution against the bench warrant order on him.

He said the bench warrant order issued against him by a Federal High Court in Lagos was a nullity, since there was no notice of trial served on him.

In a statement issued by the company’s spokesman, Cornel Osigwe, the issuance of bench warrant against the chairman of Innoson Motors Limited by the Federal High Court in Ikoyi, Lagos, on Monday June 24th 2019 was  made without jurisdiction, because no notice of trial was  served on him.

He said the order itself was a nullity and does not have grounds on law to stand, saying that already Innoson is challenging the order in court.

“Firstly, there is no prima facie case against me. The charge was based on suspected or trumped up action of Innoson Nigeria Ltd and Innoson Nigeria Ltd was a party originally to the charge but was discharged by the Court of Appeal.

“Secondly, there was no noticed of trial served on me pursuant to the Administration of Criminal Justice Act. The act provides that before the court should issue a bench warrant, there must be proof of service of the charge and the notice of trial on the person involved.

“But there is no notice of trial served on me and the question of whether I, Innocent Chukwuma, has been served with the charge is still pending at the Supreme Court.

“More importantly, the charge is also an abuse because of earlier similar suit in relation to the charge pending at different Federal High Courts.

“Thirdly, The said Charge No: FHC/L/565/2015  which is a trumped up was filed by the police in 2015 and was equally withdrawn by the same police through its notice of withdrawal dated 17th February, 2016 duly filed at the Federal High Court Registry, Lagos.

“GTB characteristically got the then Director of Public Prosecution of the Federal Republic of Nigeria (names withheld) to claim to have taken over the charge/case using the name of the Attorney General of the Federation. This is after the Police have withdrawn the case.

“Interestingly, that DPP involvement in this matter and his complicities therein led to his removal as the Director of Public Prosecution of the Federal Republic of Nigeria.

“The argument on whether the Office of the Attorney General is empowered to take over a case that the Police have originally withdrawn is still going on at the Supreme Court.

“The public should be aware that this latest order is being orchestrated by Guaranty Trust Bank in order to force me negotiate with the bank from a weaker position.

“It will be recalled that in a decision of 27th February 2019 in Appeal No: SC.694/2014 between Guaranty Trust Bank PLC vs Innoson Nig Ltd, the Supreme Court dismissed GTB’s appeal against the Court of Appeal’s judgment which ordered GTB to pay the judgement debt which with accrued interest is as at today over N9billion.

“I therefore advise the bank for the benefit of its shareholders to quickly comply with the Supreme Court judgement and pay the over N9billion judgement debt.

“Failure to do so within the short period of grace that Innoson Nigeria Ltd granted to the bank will lead to the final execution of the Writ of Fifa against Guaranty Trust Bank.

“Meanwhile, I have appealed against the Order of Bench Warrant to the Court of Appeal and have as well filled a Motion for Stay of Execution of the order,” it stated.

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