SEBASTIAN ADIGWE V. FEDERAL REPUBLIC OF NIGERIA

JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment): The appeal is against the decision of the High Court of Lagos State (the Court below) challenging the over-ruling of the no case submission made by the appellant at the close of the case for the respondent at the Court below.

Shorn of details, the facts were that the appellant and others were arraigned on sundry counts of conspiracy, stealing and conversion of funds/shares said to belong to Afribank Plc and her subscribers. The respondent closed her case after calling four witnesses and tendering in evidence avalanche of documents. The appellant made a no case submission which was overruled.

Not satisfied with the ruling of the Court below, the appellant filed a notice of appeal with 4 grounds of appeal. The respondent filed a notice of preliminary objection to the appeal. It was argued in the respondent's amended brief of argument filed on 13.12.17 to the effect that ground 1 of the notice of appeal is vague and general …