OSEJI JCA (Delivering the Lead Judgment: This appeal is against the interlocutory ruling of the Federal High Court, Warri, delivered by M.S. Abubakar J. on 26 day of February 2014, wherein the appellant’s motion in notice filed on 24 February 2014 was dismissed for being frivolous.
The appellant herein was arraigned before the Federal High Court, Warri, on a two-count of conspiracy and tampering with oil pipeline contrary to section 1(7) (a) and (b) of the Miscellaneous Offences Act (Cap. M17) of the Revised Edition, Laws of the Federation of Nigeria, 2007. The arraignment of the appellant at the Federal High Court,
Warri, took place on 8 July 2013, and it was done by officers of the Economic and Financial Crimes Commission (EFCC), Port
On the said day and before the charge was read to the appellant, his counsel raised an oral objection to the reading of the charge sheet and asked the trial court to strick out the said charge on the ground that same, together with the sta…