Court Dismisses Forgery Case Against 3 Traders For Lack Of Diligent Prosecution
For lack of diligent prosecution, Justice Mohammed Idris of the Federal High of the Federal High Court in Lagos on Tuesday dismissed fraud charge filed by the police against three traders.
Justice Idris threw out the four count-charge of on conspiracy and forgery after the police failed to show up in court for the trial.
Those set free by the court are: lkeaka Clement Chukwuebuka, James Obiechina Chekwube and Oraeke Benjamin Onyeka.
They were arraigned before court by the policemen from State Criminal Intelligence and Investigation Department (SCIID) Panti-Yaba, Lagos.
The Police had in the charge claimed that the three traders had sometimes between 2015 and 2016, at Agric Market, Orile Coker, Lagos, conspired among themselves and forged a trademark.
The police also alleged that the three traders falsely applies a trademark code, “lCLlCLlS” to their products such as ceramic tiles, doors, water closet and others so nearly resembled, ”IDDIS a duly registered trade mark in China and Nigeria, belonging to one Mr. M.A. Qian Li who is the owner and the proprietor of the said trade mark, so to be calculated to deceive the unsuspected public.
The offences according to the prosecutor, Anyigor Innocent, are contrary to sections 10, 3(b), and punishable under sections 3(3)(a) of the Merchandise Marks Act. Cap. M10, Laws of the Federation of Nigeria, 2004.
They had pleaded not guilty to the charge when they were first arraigned before the court early last year, and they were subsequently admitted to bail on different terms.
After their arraignment, the prosecution had failed to open his case on three occasions.
At the resumed hearing of the case on Tuesday, counsel to the traders, Aso Kalu Etea urged the court, to dismissed charge against their clients, for lack of diligent prosecution.
In urging the court to dismiss the charge Etea told the court that on the three occasions the matter have been slated for trial, the prosecutor had failed to show up before the court.
He therefore urging the court to dismiss the charge against their clients, citing Section 351 (1) of the Administration of Criminal Justice Act (ACJA) 2015.
“The conduct of the prosecution, this is the third time the matter is slated for trial, the prosecution is not ready.
“This is glaring that the prosecution is lacking in prosecuting its case. Its against the law of speedy trial.
“In the circumstance, we hereby urged the court to dismiss the charge against all the defendants”.
After the submissions of the defendants’ lawyers, Justice Idris pronounced that the “charges against all the defendants is hereby dismissed”.
