CHYFRANK NIGERIA V FEDERAL REPUBLIC OF NIGERIA

Issue:

At the High Court of Lagos State, the appellant and its Managing Director, Frank Amah, were arraigned on a six - count charge for the offences of (a) Conspiracy to obtain money by false pretences; (b) obtaining money by false pretences and (c) stealing. Following their plea of Not guilty, the matter went to trial. The Prosecution called fourteen witnesses. It, also, tendered seventy five exhibits. At the close of the Prosecution's case, the defendants made a No-case submission. On October 14, 2009, the court (hereinafter, simply, referred to as "the trial court"), upheld the No Case Submission. Accordingly, the court acquitted and discharged Mr. Amah and the appellant on all the counts. Dissatisfied with the trial court's decision, the respondent appealed to the Court of Appeal, Lagos Division. In its judgment of February 27,2015, the court, (hereinafter, simply, referred to as "the lower court"), first, upheld the trial court's decision as it relates to the offences of Conspiracy to obtain by false pretences and obtaining by false pretences. It, (the lower court), however, disagreed with the trial court on the offence of stealing. It held that a prima facie case of stealing had been established by the respondents against the appellants at the trial court. In effect, it held that the respondent had established a prima facie case, of stealing against the appellants. It remitted the matter to the Chief Judge of Lagos State for re-assignment to another Judge of that Court. The appellants have, therefore, approached this Supreme Court to set aside the decision of the lower court.