ALBERT GBADEBO ODUYEMI, J.C.A. (Delivering the Leading Judgment): The appellant was the 2nd of seven persons (the last 4 of the accused persons being corporate bodies) arraigned on 6th February, 2004, before the learned Chief Judge of the High Court of the Federal Capital Territory, Abuja.
They were charged on an 86 count charge on offences of the contravention - inter alia, of: sections 1(1), 7(3), and 8(a) of the Advance Fee Fraud and Other Related Offences Decree No. 13 of 1995 as amended by Decree 62 of 1999; and sections 97, 364 and 366 of the Penal Code.
The pleas of the first three accused persons were taken. Each pleaded not guilty to the charge.
The learned trial Chief Judge then entered a "not guilty" plea in respect of 4th, 5th, 6th and 7th accused persons, who were corporate bodies.
By a motion on notice filed in the lower court on 6th February, 2004, the 2nd accused person (appellant herein, who shall hereafter be called "the appellant") moved the lower court under sectio…