Nigerian Police Report Indicts Chinese Company, Owners For Forgery Of Certificate, Tax Evasion Since 2014
In the report
R:30000/X/FHQ/ABJ/AFS/VOL. signed by Olofu Tony, the Commissioner of Police (Anti-Fraud) and obtained exclusively by SaharaReporters on Thursday, the Nigerian police confirmed that Chinese businessmen, Chen Xiao Ming and Gao Xi Ong were recommended for prosecution for the allegations of fraud.
The Force Criminal Intelligence and Investigation Department (FCIID) Abuja of the Nigeria Police Force has released a comprehensive report, establishing a case of forgery of certificate, tax evasion and perjury against some Chinese nationals and their company based in Lagos State.
In the report CR:30000/X/FHQ/ABJ/AFS/VOL. signed by Olofu Tony, the Commissioner of Police (Anti-Fraud) and obtained exclusively by SaharaReporters on Thursday, the Nigerian police confirmed that Chinese businessmen, Chen Xiao Ming and Gao Xi Ong were recommended for prosecution for the allegations of fraud.
The investigating police officers; SP Moses Arowolo, DSP Igube Bitrus, DSP Imaobong Edward and Inspector Dahiru Ibrahim also recommended that the suspects and their company, Aokete Lighting Electronics Industries Limited be “diligently prosecuted.”
SaharaReporters learnt from the report that the police investigators found out that “it is crystal clear that the suspects evaded paying Tax to the Federal Republic of Nigeria, which is tantamount to Economic sabotage and tax evasion.”
Checks by SaharaReporters showed that the 15-page 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 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.
“That Trademark Registry’s attention was drawn to the issue of forgery of certificate No. 96305, 99716, 90717 and 29718 which they affirmed, but averred that certificate No. 102907 and 102908 were later issued to Aokete Electronics Industries Limited on merit. The registrar also encouraged the prosecution of those found culpable in the forgery, in order to nip the trend in the bud, since they have no powers to withdraw the already issued certificate.
“That in view of the above findings, case of Criminal Conspiracy, Forgery and Perjury is established against Chan Xino Ming and AOKETE Electronics Industries Limited.”
“…It was also established from the Corporate Affairs Commission that AOKETE Lighting Electronics Industries Limited has no evidence of registration readily available as a registered entity. Therefore it is evident that the Company is operating illegally in Nigeria.”
“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.”
“RECOMMENDATION: From the forgoing, the investigation has so far established the following against CHEN XIAO MING, AOKETE Lighting Electronics industries Limited, Mega Benjamin and Eric Nig. Ltd (suspects); 6.1 A case of Criminal Conspiracy contrary to Section 516 and 516 (a) of Criminal Code of Nigeria; 6.2 Forgery contrary to Section 463 of Criminal Code of Nigeria: 6.3 Tax Evasion contrary to Section 40 of Federal Inland Revenue Services Act; 6.4 Perjury contrary to Section 117 and 128 of Criminal Code of Nigeria.”
“It is therefore recommended that the case file should be duplicated and forwarded to the Legal Section for advice and diligent prosecution. If hard hearted individuals like the characters in this case are allowed to have their way, Nigeria as a country will go into extinction.
“This is forwarded for the information and further directives of the Deputy Inspector-General of Police, Force Criminal Intelligence and Investigation Department (FCID) Abuja, please.”
The police report on the Chinese nationals comes at a time when the Nigerian government last week had a spat with Chinese company, Zhongshan, which successfully petitioned for the seizure of three Nigerian presidential jets.
The Chinese company’s export processing zone management contract had been terminated by the Ogun State government in 2016.
The seized jets, which are part of Nigeria’s presidential air fleet, are a Dassault Falcon 7X at Le Bourget airport in Paris, a Boeing 737 and an Airbus 330 at Basel-Mulhouse airport in Switzerland, which was later released to the government.
The seizure is a result of the contractual dispute between Zhongshan and the Ogun State government.
A French court had authorised the seizure of the three presidential jets due to the ongoing dispute between Zhongshan, a Chinese company, and the Ogun State government.
The seizure had been part of the result of the Nigerian government’s failure to honour a $74.5 million award granted to Zhongshan by an independent arbitral tribunal, chaired by the former President of the UK Supreme Court
