STATE
V.
ONAGORUWA
·
State v. Onagoruwa (1992) 2 NWLR (Pt. 221) 33
S. M. A. BELGORE, JSC (Delivering the Leading Judgment): The respondent was charged with the offence of stealing before Silva J. sitting in the High Court of Lagos. At the close of the case for the prosecution and after a no-case submission by the counsel for the accused person, learned Judge ruled the accused had a case to answer. Against this ruling the appellant filed a Notice of Appeal to the Court of Appeal and moved a motion before the same learned trial Judge for stay of further proceedings pending the determination of the appeal on the no case ruling by the Court of Appeal. This motion was dismissed and the accused by way of another motion in the Court of Appeal prayed as follows:-
"1. An Order extending the time within which to apply for leave to appeal on questions of mixed law and fact as contained in grounds 1, 2 and 4 of the grounds of appeal annexed hereto as Exhibit 'B1'.
2. An Order granting leave to appeal on questions of mixed law and fact contained in grounds 1, 2 a…