BOLOUKUROMO MOSES UGO, J.C.A. (Delivering the Leading Judgment): This seemingly civil appeal is actually a criminal appeal from the decision of the High Court of Kwara State dismissing the appellants appeal to it from the ruling of the Magistrates Court dismissing her no case submission.
Appellant was arraigned before the Magistrates Court of Kwara State, Ilorin Division on 3rd November, 2011 on the direct complaint of the respondent to that Court.
The respondents case against appellant in the Magistrate Court, which he also directly prosecuted with private counsel of his choice without the fiat of the Attorney-General, was for the offences of Criminal Breach of Trust and Cheating contrary to Sections 311 and 320 and 322 of the Penal Code. The said offences, or charges, arose from a foreign exchange transaction between respondent and appellant that went awry.
Appellant pleaded Not Guilty to the charges and the respondent opened his case as P.W. 1. I here reproduce his evidence-in-chief a…