The case of the applicant /appellant, a trader, is that following the refusal of three men to pay for the clothes she had earlier at their request, cut for them, she solicited for the help of the Police who after almost treating her as a suspect eventually arraigned the said three men before the Magistrate Court under section 125A (1) of the Criminal Code. After the close of the prosecution case and on a No-case submission, the Magistrate Grade III in what he captioned as “Judgment” made the following findings:

“I have carefully considered the evidence of both the prosecution and the defence. l found that charge against the accused persons have not been proved beyond reasonable doubt... It is clear that P/W5 should be held responsible for the making of the receipt. The accused persons are therefore discharged and acquitted of the charge of making false statement under section 125A of the Criminal Code. Having regards to the totality of the evidence, I hereby ordered (sic) that Mrs Rose Nwankwo should be charged for conspiracy to defraud and be brought to court under section 422 of the criminal code even though the other person is at large”

It is to be noted that P/W5 is Rose Nwankwo

Dissatisfied with the order affecting her as contained in the judgment of the Magistrate Court, the applicant/appellant brought an application for an order of certiorari before the court below praying for an order to quash the order or observation or obiter dictum of Magistrate F.A Shitta-Bey that the applicant/appellant be charged with the offence of conspiracy to defraud and brought to court under Section 422 of the criminal code. She also prayed that all consequential directives by the said learned Magistrate to the said order be declared null and void and any step whatsoever, or proceedings to be initiated against or any intended arrest of the applicant pursuant to the said order or observation of the said Magistrate court be stayed permanently. After taking arguments from counsel on both sides, the presiding Judge in the court below, stroke out the application.

Aggrieved by the ruling of the High Court the appellant appealed to the court of Appeal.