The appellant and one other, CHYFRANK NIGERIA Plc., were arraigned before the High Court of Lagos State, Ikeja Judicial Division on a six count charge as follows:

Conspiracy to obtain money by false pretences contrary to Section 8 (a) and 1 (3) of the Advance Fee Fraud and other Fraud Related Offences Act No. 13 of 1995 as amended by Act No. 62 of 1999.

Obtaining money by false pretences contrary to Section 1 (3) of the Advance Fee Fraud and Other Fraud Related Offences Act No. 13 of 1995 as amended by Act No. 62 of 1999.

Frank Amah and Chyfrank Nigeria Plc and others still at large on or about 3rd day of March, 2005, at Ikoyi, Lagos within the Ikeja Judicial Division of the Lagos State High Court with intent to defraud, fraudulently induced Mr. Donatus Duru to pay the sum N7,300,000 (Seven Million Three Hundred Thousand Naira) into the account of Federal Government Implementation Committee, under a false pretence, that you were engaged by Abubakar Mallam, Deputy Controller of Custom to sell House No. 7 Bell Avenue Lagos which you falsely stated was officially allotted to the said Abubakar Mallam which pretences you knew were false.

Obtaining money by false pretences contrary to Section 1 (3) of the Advance Fee Fraud and Other Fraud Related Offences Act No. 13 of 1995 as amended by Act No. 62 of 1999.

Frank Amah and Chyfrank Nigeria Plc and others still at large on or about 3rd day of March, 2005, at Ikoyi, Lagos within Ikeja Judicial Division of the Lagos High Court with intent to defraud, fraudulently induced Mr. Donatus Duru to pay the sum of N80,300,000 (Eighty Million Three Hundred Thousand Naira) into the account of Federal Government Implementation Committee, under a false pretence, that you were engaged by Abubakar Mallam, Deputy Controller of Custom to sell House No. 7 Bell Avenue Lagos which you falsely stated was official allotted to the said Abubakar Mallam which pretences you knew were false.

Obtaining money by false pretences contrary to Section 1 (3) of the Advance Fee Fraud and Other Fraud Related Offences Act No. 13 of 1995 as amended by Act No. 62 of 1999.

Frank Amah and Chyfrank Nigeria Plc and others still at large on or about 3rd day of March, 2005, at Ikoyi, Lagos within the Ikeja Judicial Division of the Lagos High Court with intent to defraud, obtained the sum of N102,400,000 (One Hundred and Two Million Four Hundred Thousand Naira) from Mr. Donatus Duru by false pretences that you were engaged by Abubakar Mallam, Deputy Controller of Custom to sell House No. 7 Bell Avenue Lagos which you falsely stated was officially allotted to the said Abubakar Mallam which pretences you knew were false.

Stealing by fraudulent conversion contrary to Sections 383 (2) (f), 385 and 390 of the Criminal Code Law Cap C17 Laws of Lagos State of Nigeria.

Frank Amah and Chyfrank Nigeria Plc and others still at large on or about 3rd day of March, 2005, at Ikoyi, Lagos within the Ikeja Judicial Division of the Lagos State High Court did fraudulently steal and convert to your own use the sum of N86,900,000 (Eighty-six Million Nine Hundred Thousand Naira) property of Mr. Donatus Duru, which he entrusted to you for purchase of House No. 7 Bell Avenue Ikoyi, Lagos.

Stealing by fraudulent conversion contrary to Sections 383 (2) (f), 385 and 390 of the Criminal Code Law Cap C17 Laws of Lagos State of Nigeria.

Frank Amah and Chyfrank Nigeria Plc on or about 10th day of March, 2005, at Ikoyi, Lagos within the Ikeja Judicial Division of the Lagos State High Court did fraudulently steal and convert to your own use the sum of N7,900,000 property of Mr. Donatus Duru, which he entrusted to you for purchase of House No. 7 Bell Avenue Ikoyi, Lagos."

Both accused pleaded not guilty. At the trial, the prosecution called 6 witnesses and tendered exhibits.

Some exhibits were also tendered by the defence during cross-examination of the prosecution's witnesses. At the conclusion of the prosecution's case, learned counsel for the accused persons made a no-case submission. In a considered ruling delivered on 14/10/2009, the learned trial Judge, M. O. OBADINA, J., upheld the submission and acquitted and discharged the accused persons on all the six counts.

Aggrieved by this decision, the respondent herein lodged an appeal at the Court of Appeal, Lagos Division. In its judgment dated 27/2/2015, the Court allowed the appeal in part. It affirmed the findings of the trial Court on counts 1, 2, 3 & 4 but set aside its decision in respect of counts 5 & 6. The case was remitted to the Hon. Chief Judge of Lagos State for reassignment to another Judge of the High Court for the retrial of the respondents on counts 5 & 6.

Not surprisingly, the 1st respondent (now appellant) is dissatisfied with the decision and has appealed to this Court