(NIGERIA) A Federal High Court sitting in Ikoyi, Lagos presided over by Justice
Mohammed Yunusa has dismissed a suit initiated against a Chinese national, Hong Dong Shen, accused of alleged charged forgery of rice brand.
The judge threw out the suit on the reason that the case had lingered for too long without the prosecution calling witnesses to testify before the court, with an addition that the suit also was lacking in diligent prosecution.
It would be recalled that the defendant was charged on four-counts bordering on forgery, fraud, unlawful possession and stealing.
The Chinese national was brough before the judge on July 29, 2013, and had pleaded not guilty to the charge.
Justice Yunusa had granted him bail in the sum of N2 million, with two sureties in like sum. The court had also directed the defendant
to deposit his traveling documents with the court's registry, and had set down the case for trial.
The suit however, suffered series of adjournments at the instance of the prosecution, who were unable to produce witnesses in court to testify against the defendant.
Consequent upon the prosecution's inability
to provide its witnesses, among other circumstances, the matter was adjourned a number of times.
For instance, the matter was adjourned to Sept. 19, 2013, Nov. 7, 2013, Dec. 11, 2013, Jan. 15, 2014, May 20, 2014, July 3, 2014, Nov. 12, 2014, and Dec. 10. 2014.
The prosecutor, Daniel Apochi, had on different adjourned dates, failed to produce his witnesses in court. He had informed the court that the Investigating Police Officer (IPO) and other witnesses were out of the jurisdiction of the court, and so, he was unable to secure their attendance.
But the court expressed dissatisfaction with the attitude of the prosecution. Justice declared that the case had dragged on for about 18 months without significant progress.
The judge held, "This case has dragged on for about 18 months and had been adjourned on more than nine different occasions. So far, the prosecution has been unable to produce any witness to testify in court, inspite of motions having been served. The case is hereby struck out for lack of diligent prosecution."
The judge equally ordered that the international passport of the defendant be released to him by the court.
In the charge, the prosecutor had informed the court that the defendant allegedly committed the offence between February 2011 and March 2013.
Apochi argued that the
accused forged the trade mark of Ollam Nigeria Limited, producers of Mama Gold Rice, and had fraudulently, reproduced about 140 bags for illegal sale to members of the public, adding that the trade mark is valued at N200 million.
The offence according to the prosecution contravene the provisions of sections 390 (9) and 516 of the Criminal Code Act, Laws of the Federation, 2004, as well as section 3 and 32 of the Merchandise Act, 2004.
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