OBANDE OGBUINYA, J.C.A. (Delivering the Leading Judgment): This appeal is an offshoot of the ruling of the High Court of Kwara State, Ilorin, Coram Hon. Justice M. O. Adewara, in charge No.KWS/ICPC/1/07, delivered on 26/09/2007, wherein the appellants' preliminary objection was dismissed.
The background facts leading to this appeal, as garnered from the processes filed, are simple. The appellants were the executive director and controller of finance of the National Centre for Agricultural Mechanization (NCAM), Ilorin respectively. On 04/01/2007, the office of Honourable Attorney-General of the Federation filed an ex-parte application in the lower court for leave to prefer a 38-count criminal charge against the appellants pursuant to section 185(b) of the Criminal procedure Code. The application was moved in the lower court on 08/02/2007 and was granted. The case was then adjourned to 22/02/2007 for the arraignment of the appellants. The information was brought pursuant to section 22(5…