PRINCE BENEDICT BENJAMIN APUGO V. THE FEDERAL REPUBLIC OF NIGERIA

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): Appellant was charged at the Federal High Court, Umuahia, Abia State, in charge No. FHC/UM/CR/39/2015, under Section 1(1) (b) of the Advance Fee Fraud and Other Related Offences Act, 2006 and punishable under Section 1 (3) of the same Act, on 23/6/15.

Appellant said he became aware of this case through his Counsel (who saw Appellants name on the cause list in Court) and he filed an application on 13/8/2015, seeking to quash the 3 Counts charge (Information). The lower Court, presided over by Hon. Justice F.A. Olubanjo, said to have been aware that Appellant had not been served with the information and notice of trial, as required by law, still ordered a bench warrant to issue against Appellant.

Appellant, by another application, filed on 9/10/2015, applied to set aside the said bench warrant, for lack of jurisdiction.

The Lower Court, now presided over by Hon. Justice D.E. Osiagor, delivered a Ruling on the two applications (to …