HUSSEIN MUKHTAH, J.C.A. (Delivering the Leading Judgment): This appeal is brought against the ruling of the Federal High Court Lagos delivered by M. L. Shuaibu, J on the 16th March 2004 refusing to hear a preliminary objection against the charges preferred against the appellants before that court until the appellants appear in court before any step could be taken including hearing of the preliminary objection.
The appellants were charged before the lower court on a four count charge of conspiracy, forgery and uttering the register of directors of Trade Afrik Ltd and Agro and Hydro Tech Ltd at Corporate Affairs Commission in Lagos Contrary to section 3(2) of the Miscellaneous Offences Act Cap. 410 Laws of the Federation of Nigeria 1990. The appellants, who have not appeared before the court, filed a notice of preliminary objection on 23rd February, 2004 challenging the jurisdiction of the court below, the locus of the complainant to prosecute the case and the competence of the charge. …