Rev. Fr. Silas C. Nweke V. The Federal Republic Of Nigeria (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MISITURA OMODERE BOLAJI-YUSUFF, J.C.A. (Delivering the Leading Judgment)

This is an appeal from the ruling of the Federal High Court, Awka Judicial Division delivered in suit No. FHC/AWK/75C/2010 on 11th November, 2011. The appellant a Reverend Father was arraigned with another Reverend Father, Rev. Dr. Obiorah before the Federal High Court on a 13 count charge of conspiracy to obtain money by false pretence with intent to defraud various persons named in the charge and defrauding those persons by falsely representing themselves as distributors of Ibeto and Dangote Cement presenting the Holy Family Group of Companies which they knew to be false and obtaining various sums of money from those persons.

They were charged under Section 1 (1) (b) and (3) of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006. The charges were read to the appellant and his co-accused but they refused to enter a plea.

The case was adjourned for hearing but before the adjourned date, the appellant and his co accused filed a notice of preliminary objection challenging the jurisdiction of the Court on the following grounds:

1. ?The respondent has no competence

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and authority to institute the proceedings;

2. The arrests and detentions of the applicants upon which this proceeding is predicted is unconstitutional, illegal and unlawful;
3. This charge is brought in bad faith and is a malicious criminalization of the applicants in order for the respondent?s EFCC to collect private debts from the applicants in favour of the complainants;
4. The Court lacks subject matter jurisdiction to hear this matter which is malicious conversion of a private debt collection exercise into criminal offences;
5. The arrests, detentions, undertakings and bail bonds and arraignment notices founding this proceedings, the instant charge and entire proceedings, were commenced and continued in contempt of the orders of Courts of competent jurisdiction, in suit No. A/MISC.155/2008, suit No. A/MISC.53/2009 and suit No. FHC/AWK/157/2009;
6. The present proceedings, including the charge filed herein, constitutes an abuse of Court process;
7. The Court lacks personal jurisdiction over the person of the applicants.
8. The respondent has no probable or reasonable cause to bring this charge against any of the

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applicants.

9. The entire proceedings being instituted herein are incompetent.
10. The institution and continuation of the proceedings are unconstitutional, null and void.?

Written addresses were filed and exchanged. The Court found that the objection had no merit and dismissed the objection. Dissatisfied with the ruling, the appellant herein has appealed to this Court on 12 grounds of appeal by an amended notice of appeal filed on 28/2/13. The grounds of appeal are as follows:

GROUND ONE (1) – ERROR IN LAW:

?The learned trial judge erred in law by assuming jurisdiction to try the offences in this charge when the said offences are not within the jurisdiction of the Federal High Court.

GROUND TWO (2) ? ERROR IN LAW:

The learned trial Judge erred in law in proceeding to enter ruling/decision against the appellant on November 11, 2011 when the appellant was not notified of the proceedings culminating into the said ruling/decision and when no hearing notice was issued and/or served on the appellant and thereby denied the appellant his right to a fair hearing.

GROUND THREE (3) ? ERROR IN LAW: