SIDI DAUDA BAGE, J.S.C. (Delivering the Leading Judgement):
This is an appeal against the decision of the Court of Appeal sitting in Kaduna in Appeal No. CA/K/13C/2010 delivered on 13th February 2014 which struck-out the appeal on the basis of being incompetent based on the Respondent's preliminary objection. Being dissatisfied with the ruling of the Court below, the Appellant filed this appeal vide a Notice of Appeal of three grounds dated 20th February, 2014.
SUMMARY OF FACTS:
The Appellant was arraigned before the High Court of Kaduna State on a four Count charge dealing false pretence with intent to defraud by obtaining the sum of N250,000.00, and N750,000.00 contrary to Section 1 (1)(a) of the Advance Fee Fraud and Other Related Offences Act of 2006 and punishable under Section 1 (3) of the Act, for making false document and using false document as genuine contrary to Section 364 of the Penal Code. The Appellant pleaded not guilty to the charge. While the prosecution called eight (8…