OMOKRI JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Ajakaiye J., of the Federal High Court, Calabar Judicial Division, delivered on 12 December 2006.
The appellant, who was the 1st accused at the court below, with two others, namely Mr. Otu Bassey Eno (2nd accused) and Digital Entertainment Television (3rd accused), were arraigned before the Federal High Court, Calabar, on the 4 count charge as follows:
“Count One:
That you (1) Ubi Bassey Eno “M”, (2) Ota Bassey Eno “M” and (3) Digital Communication Network (Nig.) Limited, all of No. 2B, Akim Close, State Housing Estate, Calabar, Cross River State, on or about 8 September 2003, within the Calabar Judicial Division of the Federal High Court, did have in your possession two (2) Nos. Multichoice Satellite decoders and two (2) Nos. Multichoice smart cards, being equipment/contrivances for the purposes of illegally rebroadcasting/transmission of the whole or substantial parts of Multichoice programs (chann…