The Appellant was arraigned before Enugu High Court on a one count charge which reads as follows:

The Appellant pleaded not guilty to the charge and thereafter the prosecution opened its case. A total of six witnesses were called by the prosecution in support of its case. At the close of the prosecution's case, a no-case submission was made and the learned trial Judge, Ozoemena, J., reserved his ruling. But instead of delivering a ruling on the no-case submission, the learned Judge delivered a judgment on 29th July, 2002. In it, the learned Judge came to the conclusion that the prosecution failed to prove its case against the Appellant. He accordingly discharged and acquitted the Appellant.

The prosecution was not satisfied with the conclusion reached by the learned trial Judge. An appeal to the Court below was filed against the said judgment. The Court below allowed the appeal and made an order that the case be heard de-novo before another Judge of Enugu High Court. The present appeal is from that judgment.