SonofElElyon's Posts
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Remember I said if the adeleke judgement (disqualifying him for forgery) stands. He will appeal. alezzy13: |
Interested in what upper courts will decide |
Appeal on the way |
You seem to be relying on the law in response to the Kogi abubakar audu situation. It is not on all fours with this. Abubakar audu was validly chosen and was indeed his party's candidate until his death whereas if the adeleke judgement stands, it would mean his emergence as pdp's candidate was void ab initio and he was never the candidate and his deputy on the ticket was never the deputy governorship candidate. Therefore the rotimi amaechi court decision is applicable here. ABSTRUSE: |
You are thoroughly correct. Rotimi amaechi's court case is the legal precedent naijapips04: |
You obviously are ignorant about Christianity and are confusing it with another religion... No such belief exists in christianity.. kovic7: |
Your username suggests confusion... Light hath no fellowship with darkness and are antithetical... LuciferYaweh: |
Right |
A garnishee order is a common form of enforcing a judgment debt against a creditor to recover money. Put simply, the court directs a third party that owes money to the judgement debtor to instead pay the judgment creditor. The third party is called a 'garnishee'. 3rdavefarms: |
Exactly! So why hasn't EFCC arrested him up till now? Either Innoson is using his political connections to keep EFCC at bay or EFCC has no strong case against him and they know it. I know the correct answer... themonk: |
This story was taken from premium times. Innoson Controversy: EFCC talks tough, vows to arrest Innocent Chukwuma BY PRESS RELEASE OCTOBER 10, 2018 The Economic and Financial Crimes Commission, EFCC, has vowed to ensure that the Chairman, Innoson Motors Nigeria Limited, Innocent Chukwuma, is arrested to face fraud charges in court. The commission gave the assurance Wednesday, after Justice Olusola Williams of the Special Offences Court sitting in Ikeja, Lagos, struck out the case of fraud the EFCC instituted against Mr Chukwuma. The judge struck out the case after the EFCC failed to produce Mr Chukwuma in court to face trial. Mr Chuwuma and his company, Innoson Motors Nigeria Limited, were to be arraigned on a four-count charge of conspiracy to obtain by false pretences, obtaining by false pretence, stealing and forgery. The defendants allegedly committed the offences between 2009 and July 2011 in Lagos. The defendants were alleged to have conspired to obtain, by false pretences, containers of motorcycles, spare parts and raw materials, property of Guaranty Trust Bank, from Mitsui OSK Lines Limited, Apapa, Lagos. They were also alleged to have fraudulently induced staff of Mitsui OSK and Maersk Line to deliver to them, via their clearing agents, the goods that were imported from China in the name of GTB by falsely pretending that they were authorized by the bank to clear the goods. The defendants were said to have forged a bill of lading numbered 598286020 of Maersk Line Limited and 11007950841 of Mussui O.S.K. Line by knowingly putting a false GTB stamp and signature of the bank staff. The alleged fraud was in order that the forged documents be used or acted upon as genuine to the prejudice of any person within Lagos or elsewhere. However, since the suit was instituted, first before Justice Mojisola Dada of the same court, the defendant has refused to appear in court to face his trial. In a short ruling today, Justice Williams held that it was the responsibility of the EFCC to produce him in court. “This court is not an investigator or a prosecutor. This court cannot waste precious judicial time prosecuting a matter that is going nowhere. “This is a criminal matter that can be instituted anytime the prosecution is ready. The court hereby strikes out the matter,” the judge held. It will be recalled that Justice Dada had, on June 22, 2018, withdrawn from presiding over the matter on the recommendation of the National Judicial Council (NJC). All efforts by the EFCC to arraign the defendant before Justice Dada on five consecutive occasions failed despite being declared wanted on May 23, 2018 and also issuance of a bench warrant by the court. |
This article was taken from proshareng.com. Innoson group Vs GTBank : 30 Key Points you need to know about their dispute. Wednesday, December 20, 2017 8:00PM 1 - At all Material time , Innoson Nigeria Ltd operates a Current Account with GTBank . 2 - Innoson obtained , and had repaid same , a loan of N1.3billion from GTB Which was secured with a legal mortgage of its properties valued at more than N1.4billion . 3 - Innoson discovered that GTBank imposed excess and unlawful charges in its Current account . 4 - Innoson Group Complained to GTBank on his discovery of access charges on his account 5 - Both parties ( Innoson and GTBank ) agreed to invite an independent auditing firm that will be agreed by both parties . 6 - At the end , MULTI-WINGS Consulting Firm of Auditors was invited to properly audit Innoson Nigeria Ltd Current account No 0043753636 domiciled with Nnewi Branch of GTBank . The audit covers a period from March 2004 to Dec 2011 . 7 - After the account was audited , it was discovered that GTBank has been illegally deducting excess bank charges on its overdraft facility to the Innoson to the tune of seven hundred and Eighty-Six Million, Two Hundred and Five Thousand , Nine Hundred and Fifty-Five Naira , Ninety Nine kobo ( N786,205,955.99). 8 - GTBank was shocked at the audit report when the report was forwarded to it .They replied in their letter to Innoson on 20th January , 2012 that it will investigate the issue raised and will get back to Innoson on the Conclusion of its investigation . 9 - In the month of September 2012 , GTBank wrote to Innoson that from their personal audit report , the excess bank charges was Five Hundred and Fifty-Nine Million , three Hundred and Seventy-Two naira ,Nine kobo ( N 559.3Million). 10 - Innoson agreed to their version and decided to accept payment from it in the spirit of amicable resolution. 11 - Innoson also requested that the said agreed amount of N559.3million be paid with a 22% interest rate because Innoson had been repaying all his loan with GTBank at 22% interest rate. 12 - GTBank refused and said that the best they can repay excess and illegal deduction is at 7% interest rate . This led to another disagreement between Innoson and GTBank . 13 - As a result , in 2012 , Innoson sued GTBank at Federal High Court Awka with Suit No : FHC/Awk/Cs/2012 . 14 - Federal High Court, Awka delivered Judgement in favour of Innoson in excess of N4.7billion against GTBank. Delivering Judgement in suit no : FHC /Awk/ CS / 139/2012 , the FHC awarded N4.7billion to Innoson Motors against GTBank . The court also ordered GTBank to pay 22 % (percent ) interest on the Judgement debt until all the payment had been made to Innoson . 15 - In 2013 , GTBank appealed against the judgement to the Court of Appeal, Enugu Division, appoxite appeal No: CA/E/288/2013 . 16 - The Court of Appeal , Enugu in a Considered ruling ordered GTBank to pay the Judgement debt of N6billion Inclusive of the accrued interest and any interest that would subsequently accrue thereon into an interest yielding account in the Name of the Chief Registrar of the Court . 17 - In its various affidavits, particularly at the Court of Appeal in suit no : CA/E/288/2013 , GTBank deposed that if it pays the outstanding Judgement debt of N6billion , much less the N8.5billion , it could go bankrupt and be out of business . 18 - GTBank went to the Supreme Court .The case is still in the Supreme Court , while the Judgement debt is about N8billion now to be paid to Innoson by GTBank . Another Cases: IBADAN Cases : Innoson /GTBank/Nigerian Custom Service : 19 - Nigerian Customs Service Auctioned Innoson goods . 20 - Innoson challenged the action Nigerian Custom Service for auctioning its goods at Federal High Court , Ibadan . 21 - On July 29 ,2011, In a Garnishee Order Absolute , the Federal High Court sitting in Ibadan ordered GTBank to Pay Innoson #2,048,737,443,67 (#2billion) from Nigerian Customs account in GTBank . 22 - Rather than Comply with the Garnishee Order Absolute of the Court , GTBank on February 6, 2015 appealed the Judgement , but the Court of Appeal in Appeal no. CA/1/258/2011 affirmed the Judgement of the Federal High Court and ordered GTBank to pay the Judgement debt of #2,048,737,443.67 (#2.048billion) to Innoson . 23 - GTBank , instead , appealed to the Supreme Court against the Court of Appeal's decision where GTBank claimed through a motion in suit no : Sc /694/2014, that the Court of Appeal Judgement in Ibadan (CA/I/258/2011) was procured by suspicious means . 24 - On May 12, 2017 , Supreme Court in its wisdom and rightly , dismissed that unfounded and exasperating claim of GTB against Innoson . 25 - As a result , Innoson commenced a N400 billion suit against GTBank , in the suit No: FCT /HC/CV/2448/2017 at the High Court of the Federal Capital Territory, Abuja . Another issues : 26 - Consequently , in order to save itself from paying the outstanding Judgement debts to Innoson , the GTBbank filed a petition against Innoson alleging forgery which led to the suit No : FHC /L/565C/2015 by Police . 27 - On February 17, 2016 , Police properly and Competently withdraw the charges against Innoson , saying they needed to properly investigate the bank's complaints first and see if they had merits . 28 - On September 1 , 2014 , GTBank secured an ex parte order on Innoson Nigeria Limited, dated September 1, 2014 with suit no FHC/L/CS/1119/2014 , filed before a Federal High Court in Lagos , between GTBank and Innoson Nigeria Limited , issued by *Justice Okon Abang* , ordering that , pending the hearing and the determination of the substantive suit , all Commercial Banks in Nigeria were restrained from accepting in any manner whatsoever to any mandate or instruction presented to them by Innoson Companies or any of its agents or nominees for withdrawal of any sum of money standing to the credit of any account maintained by the company in all the banks. 29 - However , on June 10, 2015 , *Justice Saliu Saidu* of the Federal High Court , Lagos , in a Considered ruling set aside the ex parte order of September 1, 2014 , by Justice Okon Abang and the writ of summon as well . 30 - Innoson then slammed a N30 billion suit on Guaranty Trust Bank for what it had suffered in monetary terms and reputational terms during the months when the accounts of its companies in all Nigerian banks were frozen.With Innoson winning both cases at the High Court and both cases at the Appeal Court, and GTB appealing, both cases are awaiting the verdict of the Supreme Court. Meanwhile the fresh N30 billion naira suit has just gone to the High Court to start its legal journey. .... In all , Innoson has won two High Court cases and two Appeal Court cases all against GTBank . Innoson as at today has Judgement debt over about N10billion based on 22% interest rate against GTBank . |
INNOSON VS GTB: Facts behind the Figures: How the Battle between Innoson and GTB Started (Part 1) BY PRESS RELEASE DECEMBER 24, 2017 The perfection of a man is based on his ability to distinguish between facts and fiction through deductive reasoning — Socrates There have been many counter narratives on the reason why EFCC arrested Innoson and equally we have seen GTB response on its running battle with Innoson and his company Innoson Nigeria Ltd. According to C.P Scott “Comments are free but facts are sacred”. Now that this fight has become an open issue and the public is yearning to know the truth concerning the issue Innoson has with GTB, I will in a three (3) part series of articles reveal to Nigerians and the world what really happened. In a saner society, the company secretary of GTB should have resigned by now and apologize to the Board of Trustees and Shareholders of the bank, because every legal advice and decision it gave to GTB backfired, thereby putting the bank in harms-way. The battle between Innoson and GTB started from a dispute between Innoson and customs when GTB decided to cry more than the bereaved by appealing a valid court ruling ordering GTB to pay Innoson judgment debt of N2.4B being the cost of his goods unlawfully seized and auctioned by The Nigerian Customs. The Genesis of Innoson Vs Customs Court Case Innoson established the first indigenous motorcycle assembly plant in Nigeria and based on this effort, the Federal Government, through the Federal Ministry of Finance gave a concession to him to pay 5% on his imported motorcycle CKDs. The approval is in form of a certificate. The certificate runs for 12 months after which it is renewed. Between October and December 2004, Innoson imported about 25 containers of motorcycle CKDs, his certificate was yet to expire. The certificate expiration was on 12th July 2005. When the goods arrived in Nigeria, Innoson made efforts to clear the goods. He paid the required duty as calculated by COTECNA- the inspection agent and he was issued a Clean Report of Inspection (CRI) which showed the duty he was expected to pay. After receiving the CRI from COTECNA, he paid the duty by issuing cheque to be drawn in favour of the Federal Government of Nigeria. His bank, GTB paid the money to the Federal government. And then he was issued with a Customs Revenue Receipt. The Receipt was issued by GTB that made the payment. The original copies were handed over to the customs. After the payment of the duty, Innoson submitted all relevant documents to the Nigerian customs but the customs failed to release the goods. The goods were not released because they alleged that Innoson under paid the duty. The Customs said he was to pay 30% duty rate. When Innoson learnt of this, he referred them to the concession certificate which allowed him to clear his goods based on 5% duty rate. In spite of showing the certificate to them, Customsrefused to release the goods and showed his clearing agent a circular which didn’t mention the name of Innoson among the list of companies enjoying such concession. Upon receiving the letter, Innoson protested by sending a written protest to the Minister of Finance. The Minister of Finance gave a directive through a letter to The Nigerian Customs to allow Innoson clear its goods. The Nigerian Customs then instructed their officers to allow Innoson clear its goods at the concessioned rate of 5%. The directive was also done in writing via a letter dated 13/12/2005. With the letter from the Minister of Finance as well as The Nigerian Customs, Innoson re-submitted its documents to the Nigerian Customs officials to enable him take delivery of the goods. After the submission of the documents, they still delayed in processing the documents. After the delay, Innoson was given approval to take its goods as overtime cargo through a written approval dated 1st Feb 2006, 2nd Feb 2006 and 9th Feb 2006 for the three bill of laden respectively. After receiving the written approvals, Innoson made attempts to clear the goods. After customs had passed the entry, Innoson could not locate the goods at the wharf. His clearing agent continued searching for the goods at the wharf until the 1st of March, 2006 when they learnt that 18 of the 25 containers had been sold by the customs. Upon hearing that the goods had been sold by the customs, Innoson contacted its solicitors to write to the Ministry of Transport, Finance and the Comptroller-General of Customs which they did. After sending the letter, the Minister of Finance invited Innoson to a meeting. At the meeting, Innoson was referred to the Chairman of the Presidential Special Committee on Port Decongestion and the Comptroller-General of Customs, the meeting between the three parties was held on 12th May, 2006 at Customs office in PZ Complex, Ikorodu Town, Lagos. At the meeting of 12th May 2006 with the Hon. Minister of Finance, Transport and the Assistant Comptroller General of Customs and other stakeholders, the Chairman of the Presidential Special Committee on Port Decongestion referred Innoson to the Assistant Comptroller-General of Customs. The Assistant Comptroller-General directed Innoson to forward all relevant documents to his office so that he can be compensated. On 18th May, 2006, Innoson forwarded the documents requested for by the Assistant Comptroller General of Customs through his solicitors. The Customs ignored the documents that was forwarded and sold the remaining containers. Innoson is yet to come to terms why customs sold his containers. First of all, he was not notified that his container was seized. He was not informed that his containers were to be sold. His containers never contained any contraband goods but contained motorcycle CKDs. He did not at any time abandon the containers containing the motorcycle CKDs at the port. He was never taken to court. Innoson was not aware that there was a court order to sell his goods. The Federal Government gave him a concession to pay less duty because he owns an automated assembly line and as a result of the promise to increase the local output. The assembly line had a workforce of about 750 workers. The questions that remained unanswered include: • Whether the Customs has the right to refuse the release of the goods as stated in the CRI? The CRI reflected the 5% concession. • How long do goods stay before it is declared as an overtime cargo? Do goods stay in the port for 3 months and thereafter become overtime • Were the Customs Officials actually carrying out their official duties or was there a conspiracy to destroy Innoson by some people? • There was a time lapse between the period the goods were to be cleared. Innoson never appliedfor an overtime clearance at any time. His goods were never gazetted before they were sold. Innoson tried without success to pay the duty stated on the CRI but was rejected by the customs. The customs insisted that Innoson must pay 30% but Innoson still referred the Customs to his concession certificate. Innoson was not given any notice to the effect that its containers were to be sold as overtime cargo after the approval granted to him to clear the containers as overtime cargo. Even as an overtime cargo, there are procedures to be followed in selling it. These procedures were not followed. The usual procedure when there is conflict of figures for payment, a protest is lodged. Innoson is not aware that any committee was set up to sell his containers. The customs equally did not advertise the sale of his container in any newspaper. The procedure the presidential Special Committee on Ports and the Customs for selling good by auction is as follows; (a) To notify the owner of their intentions to sell the goods by auction (b) To give notice of the intended auction sale to the public through newspaper publication (c) Set up a joint disposal committee to sell the goods by auction. None of these provisions of the law was adhered to in auctioning his goods for sale. Therefore the Presidential Special Committee and Ports decongestion had no basis for auctioning Innoson’s goods after all genuine efforts by him to clear its goods. Based on the damages that were incurred by the seizure and subsequent auction of his goods by the customs, Innoson through his solicitors sued the Nigerian Customs to the Federal High Court, Ibadan division with the following pleas; 1. Judgment for the sum of N1 billion 2. 22.5% interest for the sum of N1 billion 3. 22.5% on Judgment debt from the date of judgment until the liquidation of the debt 4. Judgment for any other claim as per the amended statement of the claim. The Court Victory The legal tussle between Innoson vs Customs lasted for some years. After Innoson had presented his case to the trial judge by providing all available facts and evidences to the trial judge and having the Defendants presented its own arguments and defenses. The trial court therefore ordered the Custom to pay Innoson the sum of N2.4B being the cost of his goods and damages incurred. Furthermore, Innoson got a garnishee order from theCourt ordering GTB to pay the judgment debt of N2.4B to him. GTB refused to pay this money. Innoson had a loan he was servicing with GTB at the time he got the judgment. Innoson had expected that GTB would deduct their money and pay him the balance. The reason why GTB refused to pay Innoson his money to ease him off from the damages and loss he suffered was unclear to Innoson. GTB decided to cry more that the bereaved by appealing the court ruling on the garnishee to the Court of Appeal, Ibadan Division. However in a unanimous judgment, delivered on 6thFebruary 2014, the Court of Appeal dismissed the appeal and affirmed the judgment of the trial Court and ordered the Defendant (GT Bank) to pay the said sum of N2.4B to Innoson. Still aggrieved, GTB appealed to the Supreme Court. The Supreme Court is yet to deliver its judgment. Today that judgment debt is above N5B. The questions Nigerians should ask GTB 1. Why did it not pay Innoson the Judgment debt as ordered by the court? 2. Does The Customs money ordered by the court belong to GTB? 3. With N10B of Customs money in GTB, why did it-GTB not pay this money, why did they decided to appeal the judgment since The Customs never pretested the judgment? To be continued……. Cornel Osigwe Head Corporate Communications Innoson Group. |
She will also collect std from the "fools" and give it to you Shibaraba: |
That's the problem we have on nairaland nelronaldo: |
Deji provided audio evidence to back up his allegation against charly boy.. What evidence has charly boy provided to prove his allegation against deji?... NONE! Gossipninja: |
Attempted murder deserving lengthy prison term |
I suspect this doctor had a motive for this double evil of rape and blocking the woman's womb! Don't think the sewing up of her womb was due to negligence! HumphreyGspot: |
She was not only clearly drunk, she continued to consume alcohol during the video call Destined2win: |
The "punishment" they are suffering is far more grievous than their perceived "sin".. They are being massacred... bilulu: |
You beat me to it! Exactly what I wanted to say!!! Lexusgs430: |
Because they are mean people... Tinaagboba: |
Story says she has 3 sons,. There are four people in the picture. 3 are clearly male.. The 3rd from left looks like a female. enemyofprogress: |
When Jesus said carry your cross and follow me, is that what he meant Misquoting the bible like Lucifer who tempted Jesus! Obviously you have never read the parable of the good Samaritan.. And on Sunday you'll carry your bible and say you are going to church or Friday you'll go to mosque... No love, no empathy, no mercy, no forgivenessbilulu: |
Heartlessness at its peak!!! dokyOloye: |
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omoni your sons are adorable
Misquoting the bible like Lucifer who tempted Jesus! Obviously you have never read the parable of the good Samaritan.. And on Sunday you'll carry your bible and say you are going to church or Friday you'll go to mosque... No love, no empathy, no mercy, no forgiveness