SaharaReporters obtained court documents of the appeal 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 court in Abuja.
The Court of Appeal in the Federal Capital Territory, Abuja, will hear a case involving a Lagos State-based Chinese company which is being tried for alleged criminal conspiracy, forgery, counterfeiting and trademark Infringement.
SaharaReporters obtained court documents of the appeal 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 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.
According to court documents obtained by SaharaReporters, the notice read, "The Appellants being dissatisfied with the decision of the Federal High Court, Abuja Division, in the suit as contained in the ruling delivered on 3 May, 2024 by Hon. Justice B. F Nyako, doth hereby appeal to the Court of Appeal. Abua Division, upon the grounds set out in paragraph 3 and shall seek the reliefs embodied in paragraph 4.
"GROUNDS OF APPEAL; 1 ERROR IN LAW; The trial Judge erred in law and occasioned a miscarriage of Justice when the Court held that it lacked the jurisdiction to entertain the suit.
"PARTICULARS OF ERROR; 1. The suit was principally challenging infringement of the 1 Appellant's Trademark by the Respondents.
2. Section 251(1)(f) of the Constitution of the Federal Republic of Nigeria 1999 (CFRN) as amended, and Section 7(1)(f) of the Federal High Court Act vests the Federal High Court with jurisdiction to adjudicate over disputes of this nature.
"3. The suit before the lower Court was not an appeal against the consent judgement of the Trade Mark Tribunal and the Federal High Court had the jurisdiction to adjudicate over the suit.
"GROUND 2; ERROR IN LAW; The trial Judge erred in law and occasioned a miscarriage of Justice when the Court held that the suit was not initiated by the due process of law
"PARTICULARS OF ERROR; 1. The Appellants case was that the certificate issued to the Appellant wrongly remained with the register of Trade Marks, and having regard to the rejection dated 6th day of May, 2024.
"RELIEFS SOUGHT; (i) To allow the appeal. (ii) Set aside the judgement of the lower court."
In the suit, FHC/ABJ/CS/811/2022, being appealed, the plaintiffs had sought “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.
“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 also on August 23 reported that a 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."
SaharaReporters had also reported that the Nigeria Police Force Headquarters, Abuja, filed criminal charges bordering on forgery of certificate, tax evasion among others against the 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.