ABUBAKAR JEGA ABDUL-KADIR, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of Hon. Justice A.A. Nwobodo of the Enugu State High Court delivered on 15th day of May, 2007 on which he dismissed the Appellant's Motion on Notice.
The circumstances that gave rise to the instant matter are briefly summarized hereunder -
A Summary Trial charge vide charge No. E/65C/2004 dated 17/12/2004 was drafted against the Appellant by the Ministry of Justice, Enugu (acting through its legal officer - R.E. Udeichi Esq.). The Appellant was charged under Section 1(3) of Advance Fee Fraud and other related offences Decree No. 15 of 1995 as amended by Decree 62 of 1999. The Appellant through his counsel - Chuka Obele Chuka Esq. on 18/5/2005 filed a motion dated 17/5/2005 for an order of court quashing Charge No. E/65C/2004 preferred against the Accused/Appellant for want of competence and jurisdiction.
The Accused/Appellant's motion was supported by 27 paragraph affidavit with s…