ITA G. MBABA, JCA (DELIVERING THE LEADING JUDGMENT): This is an appeal against the interlocutory decision of the Federal High Court in charge NO.FHC/OW/28/2015 delivered on 21/6/2016, by Hon. Justice Jane E. Inyang, wherein the trial Judge rejected a document (Power of Attorney) tendered by the Prosecution (Appellant) through her witness (Okechukwu Ogbonnaya, who testified as PW1).
The Respondents were standing trial at the lower Court on a two Counts charge of conspiracy to commit offence and for the offence of obtaining Money by false pretence, from one Okechukwu Ogbonna contrary to Section 8(a) and 1(1)(b), punishable under Section 1(3) of the Advance Fee Fraud And Other Fraud Related Offences Act, 2006. They (Accused) had pleaded 'Not guilty' to the charge, and while on trial, taking evidence from the complainant (Okechukwu Ogbonnaya sic) on 21/6/2016, the prosecution tendered, and applied for the admission of a document (photocopy of a power of attorney). The application was oppos…