Bench Warrant : Innoson Files Notice Of Appeal, Motion For Stay Of Execution Against Order

* Issuance of bench warrant against me is an abuse of
process taken too far says Innoson

Chairman of Innoson Motors, Mr Innocent Chukwuma, has said that
the issuance of bench warrant against him by the Federal High Court
Ikoyi Lagos, on Monday, is an abuse of process taken too far by the
court and made without jurisdiction.

“The order itself is a nullity and does not have grounds on
law,” he said.

He also informed that he has appealed against the Order of Bench
Warrant to the Court of Appeal and has as well filled a Motion for
Stay of Execution of the Order.

Reacting through a press release signed by Cornel Osigwe, the
Head of Corporate Communications, Innoson Group, the Innosson
Motors chairman, argued that: “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 notice 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 an 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was filed by the police in 2015 and was equally withdrawn by the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.”

To back his claim, Chukwuma alleged that, “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 This is after the Police have withdrawn the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.”

He said: “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 to
negotiate with the bank from a weaker position.”

It will be recalled that in a decision of February 27, 2019 in
Appeal No:SC.694/2014 between Guaranty Trust Bank PLC v Innoson Nig
Ltd, the Supreme Court was said to have dismissed GTB’s appeal
against the Court of Appeal’s judgment which ordered GTB to pay the
judgment debt which with accrued interest is as at today over
N9Billion.

Consequently, Chukwuma said in the release that: “I, therefore,
advice the bank for the benefit of its shareholders to quickly
comply with the Supreme Court judgment and pay the over N9 billion
judgment 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.”

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