SIDI DAUDA BAGE, JSC (Delivering the Leading Judgment): We are this morning constituted as a Court to determine preliminary issues, by way of interlocutory appeal, from the judgment of Court of Appeal sitting in Kaduna, dated 12th day September, 2017, which affirmed the decision of the Katsina State High Court delivered on 21st February, 2017, which dismissed the Appellants' Motion on Notice dated 3rd day of January, 2017 and filed on 4th day of January, 2017 seeking to (i) declare the filing of the charge sheet by EFCC as incompetent on constitutional grounds and (ii) declare as inchoate the entire proceedings as the charge sheet was not accompanied by proof of evidence as known to law thereby dislodging the Appellants' right to fair hearing as recognised by Section 36(6) (b) of the 1999 Constitution as amended.
The trial Court's decision refusing and dismissing the Appellants' application for lack of merit can be found at pages 34 - 47 of the records; while the decision of the lower …