Court of Appeal Abuja to Hear Certificate Forgery, Tax Evasion Case Against Chinese Company, Nationals
The Court of Appeal in Abuja is set to hear a high-profile case involving a Lagos-based Chinese company, Aokete Lightning Electronics Industries Limited, and its nationals, Chen Xiao Ming and Gao Xiong, who are facing serious allegations of criminal conspiracy, forgery, counterfeiting, and trademark infringement.
According to court documents obtained by SaharaReporters, the appeal was filed by Nigrshine Industry Limited and Ugochukwu Madumere against the Chinese nationals and company. The appeal challenges the decision of the Federal High Court, Abuja Division, delivered on May 3, 2024, by Justice B. F. Nyako, which held that the court lacked jurisdiction to entertain the suit.
The appellants are seeking to overturn the lower court’s ruling, arguing that the Federal High Court has jurisdiction to adjudicate over disputes related to trademark infringement, citing Section 251(1)(f) of the Constitution of the Federal Republic of Nigeria 1999 and Section 7(1)(f) of the Federal High Court Act. They contend that the suit was principally challenging infringement of their trademark by the respondents.
The plaintiffs had initially sought several declarations, including that the defendants cannot disrupt or interfere with their importation and distribution of energy-saving bulbs/products in Nigeria, and that the defendants’ trademark registration was fake and of no effect. They also sought perpetual injunctions restraining the defendants from infringing on their trademark and damages of N12 billion.
A comprehensive police investigation report had earlier revealed that the Chinese nationals forged certificates of trademark registration and committed tax evasion. The report recommended prosecution for the allegations, stating that the certificates of trademark registrations with RTMs Nos 99716, 99716, and 99717 respectively were confirmed not to emanate from the Trade Registry.
The Nigeria Police Force Headquarters, Abuja, had filed criminal charges against the defendants at the Federal High Court Abuja, bordering on forgery of certificates, tax evasion, and other offences. The charges were filed against Chen Xiao Ming, Gao Xiong, Pastor Stanley Nze, Elochukwu Aganama, and Aokete Lighting Electronics Industries Limited.
The case has sparked concerns about the activities of foreign companies in Nigeria and the need for stricter regulations to prevent forgery and tax evasion. The appeal is expected to be heard soon, and the outcome will have significant implications for the case and the broader issue of trademark infringement and forgery in Nigeria.
The Court of Appeal’s decision will be closely watched, as it will set a precedent for similar cases involving foreign companies and trademark infringement in Nigeria.
