David Onwuchekwa, Nnewi
The Head of Corporate Communications of Innoson Group of companies, Mr. Cornel Osigwe, yesterday, said the Chief Judge of Lagos State, has recalled the case file of Federal Republic of Nigeria and Chief Innocent Chukwuma from Hon Justice Dada’s court based on a letter by counsel to Chief Chukwuma, Chief G.N. Uwechue SAN.
In a press release Osigwe made available to Saturday Sun, he explained that Chief Uwechue had on June 21, 2018 written to the Chief Judge of Lagos State, requesting for withdrawal of the case file from Hon. M Dada and for reassignment of the case to another judge of the Lagos State Judiciary based on a directive by the National Judicial Council that the case file be returned to the chief judge for reassignment to another judge.
Mr. Osigwe recalled that Chief Chukwuma had on February 12, 2018 wrote a petition to the Chairman, National Judicial Council, the Chief Justice of Nigeria requesting it to investigate the circumstances leading to Hon. Mojisola Dada of Lagos State High Court issuing a bench warrant against him and ordering his arrest. In response, he said the National Judicial Council requested the Chief Judge of Lagos State to recall the case file from Justice Dada’s court for reassignment to another judge.
“Justice Dada had on February 9, 2018 issued a bench warrant against Chief Chukwuma because of his failure to appear for arraignment on the said date. However, counsel to Chief Chukwuma, Prof McCarthy Mbadugha repeatedly informed the judge that Chief Chukwuma was never served with the information and therefore could not have appeared before the court and that the prosecuting counsel confirmed to the court on the proceedings of February 9, 2018 that the prosecution has not served Chief Chukwuma, yet the trial court issued a Bench Warrant against him and as well as ordered for his arrest.
“He called the attention of the judge to the notice of pendency dated the 31st day of January 2018 and filed in the court’s registry of pending applications at the Court of Appeal to stay commencement of proceedings in the charge and to as well stay the execution or giving effect to the Court’s order of 17th January 2018 that Chief Chukwuma be served through his counsel in the open court’” he said.
Osigwe explained that Mbadugha further called the attention of the judge to a notice of preliminary objection filed on 15th January 2018 challenging the jurisdiction of the court to entertain the charge on the basis of the charge being an abuse of process, adding that the counsel drew the attention of the judge to the motion on notice of 5th day Feb, 2018 but filled on 7th February praying the court to disqualify itself from further conducting the proceedings in the charge. He, however, noted that the judge failed to consider any of those applications or motions and went ahead to order that Chief Chukwuma be arrested and kept in custody.