MUHAMMAD JSC (Delivering the Lead Judgment): This judgment relates to appeals No. SC.109/2010 and SC.109A/2010 pursuant to the appellants respective notices dated and filed on 21 January 2010 containing two grounds each. The appellants were arraigned before a Magistrate Court in the Federal Capital Territory, Abuja sitting at Jabi for offences of criminal breach of trust and cheating contrary to sections 312 and 322 of the Penal Code.
The prosecution called three witnesses at the end of whose evidence a no case submission was made by counsel on behalf of the appellants. The submission was overruled by the trial court. Being dissatisfied, the accused appealed to the High Court of the Federal Capital Territory, Abuja whereat their appeals were allowed. They were also discharged. Not satisfied by the High Court decision, the respondent herein appealed to the Court of Appeal hereinafter referred to as the court below. In allowing the appeals, the court below see pages 133 - 134 of the re…