JOSEPH E. EKANEM, J.C.A. (Delivering the Leading Judgment): On the 29th day of October, 2012, the respondent filed an application for leave to prefer a criminal charge against the appellant, without holding a preliminary inquiry, under Section 185 (b) of the Criminal Procedure Code (CPC) pursuant to Rule 3 of the Criminal Procedure (Application for leave to prefer a charge in the High Court) Rules 1970. The application was supported by an affidavit attached to which were a copy of the charge in respect of which leave was sought, a copy of the proof of evidence to be relied upon at the trial, a copy of the list of witnesses, a copy of the list of exhibits and copies of statements of witnesses and the appellant's statement. The charge contained ten (10) counts of forgery contrary to Section 364 of the Penal Code and one (1) count of fraudulent and dishonest use as genuine of a forged resolution contrary to Section 366 of the Penal Code.
The application was filed at the High Court of Jus…