According to court documents obtained by SaharaReporters on Thursday, the case is between the Inspector-General of Police as the complainant and Chen Xiao Ming, Gao Xiong, Pastor Stanley Nze, Elochukwu Aganama and Aokete Lighting Electronics Industries Limited as the defendants.
The Nigeria Police Force Headquarters, Abuja, has filed criminal charges bordering on forgery of certificate, tax evasion among others against two Chinese nationals and their company based in Lagos State at the Federal High Court Abuja.
According to court documents obtained by SaharaReporters on Thursday, the case is between the Inspector-General of Police as the complainant and Chen Xiao Ming, Gao Xiong, Pastor Stanley Nze, Elochukwu Aganama and Aokete Lighting Electronics Industries Limited as the defendants.
SaharaReporters had days ago reported that a comprehensive police report, CR:30000/X/FHQ/ABJ/AFS/VOL. signed by Olofu Tony, the Commissioner of Police (Anti-Fraud) and obtained exclusively, confirmed that the Chinese businessmen, Chen Xiao Ming and Gao Xiong were recommended for prosecution for the allegations of fraud.
The Force Criminal Intelligence and Investigation Department (FCIID) Abuja had released the comprehensive report, establishing a case of forgery of certificate, tax evasion and perjury against the Chinese nationals and their company based in Lagos State.
The investigating police officers; SP Moses Arowolo, DSP Igube Bitrus, DSP Imaobong Edward and Inspector Dahiru Ibrahim, had also recommended that the suspects and their company, Aokete Lighting Electronics Industries Limited be “diligently prosecuted."
In an update on the matter, the court documents obtained by SaharaReporters read, "At the court session Holden at Abuja, the Federal High Court Abuja is Informed by the Inspector-General of Police that you Chen Xiao Ming 'M' 48years, Gao Xlong 'M' 30years, Pastor Stanley 'Nze 'M' 60yeasr, Elochükwu Aganama 'M', AOKETE Lighting Electronics Industries Ltd and Mega Benjamin-and Eric Nigeria Limited are charged with the following offences:
"COUNT ONE: That you Chen Xiao Ming 'M' 48years, managing Director/CEO of AOKETE Lighting Electronics Industries Ltd and Mega Benjamin and Eric Nigeria Limited, Gao Xlong 'M' 30years manager of Mega Benjamin and Eric Nigeria Limited, Pastor Stanley Nze 'M' 60 years, company Secretary of Mega Benjamin and Eric Nigerla Limited, Elochukwu Aganama 'M' business manager AOKETE Lighting Electronic Industries Ltd, AOKETE Lighting Electronics Industries Ltd and Mega Benjamin and Eric Nigeria Limited between January - December 2014 in Abuja and Lagos within the jurisdiction of this court while acting in concert conspired together to commit Felony to wit: Forgery and thereby committed an offence contrary to section 516 of Criminal Code Act Cap C38 LFN 2004.
"COUNT TWO - That you Chen Xiao Ming 'M' 48years, managing Director/CEO of AOKETE Lighting Electronics Industries Ltd and Mega Benjamin and Eric, Elochukwu Aganama business manager AOKETE Lighting Electronic Industries Ltd, AOKETE Lighting Electronics Industries Ltd and Mega Benjamin and Eric Nigeria Limited between January - December 2014 In Abuja and Lagos within the jurisdiction of this court while acting in concert makes or utters a forge certificate of registration of trade mark number RTM 96385 of AKT lighting Bulb purporting same to have been issued to AOKETE Lighting Electronics Industries Ltd by Federal Ministry of Commerce and Industry Abuja and thereby committed an offence contrary to section 1(2) (c) of the Miscellaneous Offences Act-Cap-M17 LFN 2004
"COUNT THREE - That you Chen Xiao Ming 'M' 48years, managing Director/CEO of AOKETE Lighting Electronics Industries Ltd and Mega Benjamin and Eric Nigeria Limited, Gao Xiong 'M' 30years manager of Mega Benjamin and Eric Nigeria Limited, "Pastor Stanley Nze 'M' 60 years, company Secretary of Mega Benjamin and Eric Nigeria Limited, Elochukwu Aganama 'M' business manager AOKETE Lighting Electronic Industries Ltd, AOKETE Lighting Electronics Industries Ltd and Mega Benjamin and Eric Nigeria Limited between 2nd January 31st December 2014 in Abuja and Lagos within the jurisdiction of this court while acting in concert makes or utters a forge certificate of registration of trade mark number RTM 96385 of AKT lighting Bulb purporting same to have been issued to AOKETE Lighting Electronics Industries Ltd by Federal Ministry of Commerce and Industry Abuja and presented the forged certificate at Federal High Court Lagos as genuine document in support of suit No. FHC/L/1087/2014 filed by AOKETE Lighting Electronics Industries Ltd vs Nigershine Industry Limited & Anor and thereby committed an offence contrary to section 1(2) (c) of the Miscellaneous Offences Act Cap M17 LFN 2004...
"COUNT ELEVEN - That you Chen Xiao Ming 'M' 48years, managing Director/CEO of AOKETE Lighting Electronics Industries Ltd and Mega Benjamin and Eric Nigeria Limited, Gao Xiong 'M' 30years manager of Mega Benjamin.and Eric Nigeria Limited, Pastor Stanley Nze 'M' 60 years, company Secretary of Mega Benjamin and Eric Nigeria Limited and Mega Benjamin and Eric Nigeria Limited between January 2020 - December 2021 in Abuja and Lagos within the jurisdiction of this court while acting in concert committed the offence of Tax evasion in that your company, Mega Benjamin and Eric Nigeria Limited with Account No. 7746703038 with name, Prolites Lighting Ventures, domiciled with FCMB, traded in the sale and distribution of AKT Electric bulb and other Electronics devices in Nigeria and realised the sum of N5,297,256,201.80 (Five Billion, two, hundred ninety seven million, two hundred and fifty six thousand, two hundred and one naira, eighty kobo) between 1st January, 2020 to 31 December, 2021 and paid only N1,170.00 (one thousand one hundred and seventy naira) as tax thereby depriving the Federal Government of Nigeria of the revenue due to it and thereby committed an offence contrary to section 40 of Federal Inland Revenue Service Establishment Act 2007."
Meanwhile, SaharaReporters obtained court documents of another suit filed by an indigenous company, Nigrshine Industry Limited and Ugochukwu Madumere as the plaintiffs against the Chinese nationals and company who are the defendants before the Federal High Court in Abuja.
In the suit, FHC/ABJ/CS/811/2022, Aokete Lightning Electronics Industries Limited is the first defendant while Chen Xiao Ming and He Lian Chin and Gao Xiong are the third, fourth and fifth respondents respectively.
The plaintiffs sought “A DECLARATION that the 1% defendant and her assign, the 200 defendant cannot take the benefit of the judgment and turn round to disown the judgment of the Tribunal.
“A DECLARATION that the 1st defendant and or his assigns cannot on the basis of her Trade Mark registered pursuant to the consent judgment of the Tribunal, Disrupt, confiscate, disturb, stop or in whatever manner howsoever interfere either in Nigeria or China or elsewhere with the plaintiffs importation, from China Energy saving bulbs/products or the distribution of such products in Nigeria.
“A DECLARATION that having disowned the consent judgment of the Trade Mark Tribunal, the registration of the 1st defendant’s Trade Mark made pursuant to the disowned consent judgment ought to and should be struck out from the register of Trade Marks.
“vi. A DECLARTION that Trade Mark RTM No. 96385 is fake and of no effect vii. AN ORDER of court for perpetual injunction restraining the defendants and every and each of those on whose behalf they are sued whether by themselves, their directors, staff, agents, partners or anybody howsoever called from Infringing or continue to infringe on the 1" plaintiff Trade Mark under RTM 999 00; 22265;22266 and 22267 and as may be continually renewed at the trade mark Registry passing off or attempting to pass or causing, enabling or assisting others to pass off D &B AKT Spiral energy saving lamps/bulbs or any other product bearing the word AKT on the containers, packages etc. or adopting the distinctive word or design in marketing, selling, distributing, or manufacturing of energy saving lamps/bulbs or products.
“AN ORDER setting aside the consent judgment of the Trade Mark Tribunal on the basis of the reasons given by the 1° defendant per letter dated 5th May 2020. AN ORDER nullifying the 1 defendant Trade Mark registered pursuant to the consent judgment of the Trade Mark Tribunal same having been repudiated and disowned by the defendants and to nullify the assignment of the Trade Mark to the 2nd defendant or in the alternative to this specific prayer, a declaration that the consent judgment of the Trade Mark Tribunal is still subsisting and enforceable.
“xiii. AN INQUIRY as to damages sustained by the Plaintiff or an account of the joint and several profits of the Defendants and all persons on whose behalf they are sued to which the Plaintiff is entitled and payment of all sums found due upon making such inquiry or taking such amount. GENERAL DAMAGES In the sum of N12, 000, 000,000.00 (Twelve Billion Naira) only.”
SaharaReporters had on August 23 reported that checks showed that the 15-page police investigation document titled, “Police Interim Investigation Report; Re: Criminal Conspiracy, Forgery, Counterfeiting and Trademark Infringement” was forwarded to the Deputy Inspector-General of Police, FCIID, Area 10, Garki, Abuja, and had Emmanuel Ugochukwu Madumere and Nigrshine Industries Limited as the complainants.
The report had partly read, “Findings show…That the certificates of trademark registrations with RTMs Nos 99716, 99716 and 99717 respectively were confirmed not to emanate from the Trade Registry. That though there was an application for registration which is under processing but the certificate had not been issued…
“That after forging Certificates of Registration with RTM numbers 96365, 99716, 99717 and 99718, the suspects approached the trademark registry for issuance of RIM No 102907 and 102908, the Trade Mark Registry issued Certificates of Registration with RTM Nos. 102907 and 102908 in class 16 and 11 dated November 1, 2016, without the registry knowing that the earlier certificates were forged."
“FACTS OF THE CASE: The complainant. Mr. Ugochukwu Emmanuel of NIGRSHINE Industries Limited, in his petition averred that he, Ugochukwu Emmanuel, of NIGRSHINE Industries Limited is the rightful and registered owner of D&B AKT Brands of Electric Lighting Bulbs in Nigeria by virtue of Certificate of Registration of Trademark RTH No. 99900 and Certificate No. 004154 in the name of NIGRSHINE Industries Limited dated to September 2014.
“That one CHEN XIAO MING, a Chinese National, along with his Nigerian counterparts, are using his registered company, AOKWE Lighting Electronics Industries Limited to Infringe on his trademark right: by forging a fake Certificate of Registration of his trademark and using same to defraud unsuspecting Nigerians.
“That the culprits have been parading several fake and forged certificates, purporting to be the Certificate of Trademarks that gave them the exclusive trademark right over the products; which were all discovered to be fake in view of his findings from the Ministry of Trade and Investment. That all effort made towards the culprits to desist from the fraudulent use of forged and fake certificate to procure and secure substandard registration of electrical gadgets by these Chinese Nationals with the Standards Organisation of Nigeria (SON) as well as obtaining other necessary business permit in Nigeria; was to no avail.”