The Notice of Preliminary Objection is accompanied
by t he written address of counsel for the defence. The
prosecution in response also filed a written address on
31/05/ 17.
A. A. Ogbo nna, Esq ., of counsel for the defence
subm itted that whe re there is a feature in t he action
which prevents the court from exercising its ju risdictio n,
the action is in competent, relying on Madukofu vs.
Nkemdilim (1962) 1 All NLR 587.
l earned cou nsel submitted that the subject matter
of th e charge is not withi n the contemplatio n of section
251 of the 1999 Constitution (as amended); that the
constitution has in section 25 1( 1)(2)(3) stated the
vari ous areas where the Federal High Court ca n exercise
both civil and criminal j urisd iction; that the Taxes and
Levies (Approved li st for Collection) Act did not confer
jurisdict ion on t he Federa l High Court; that t his court
cannot in the circumstances assume j urisdiction to hear
and try the cha rge before it.
Counsel urged the court to strike out the charge in
the interest of justice.