HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal. It is against the ruling of the High Court of Enugu State delivered on 14/09/2010 by Hon. Justice C. Nwobodo wherein His Lordship refused the Appellants' application for stay of further proceedings and extension of time to appeal against the decision of the Magistrate Court. The facts that led to this appeal are as follows:
The Appellants, Chief Jonas Agu and Donatus Anike and two other persons were arraigned before the Chief Magistrate Court in Charge No: MNE/109c/2006. The four persons were arraigned for offences of conspiracy and malicious damage to farmland. At the end of the case for the Prosecution, all the Accused Persons through their counsel made a 'no case' submission. The trial Magistrate overruled the 'no case' submission and called on the Accused persons to enter their defence. Dissatisfied with the ruling of the learned trial Magistrate, the Appellants filed an applicati…