The appellant in this appeal and four other defendants were arraigned, on Information, before the High Court of Lagos State for the offences of obtaining money by false pretence under Section 1 of the Advanced Fee Fraud and other Fraud Related Offences Act, 2.006; forgery and uttering under the Criminal Code, Cap. C17, Laws of Lagos State of Nigeria, 2003 and conspiracy to commit the said offences.

Sequel to their non-guilty plea, the case went to trial, The Prosecution's case was woven around the testimonies of twelve witnesses and seventy-one exhibits, At the end of the Prosecution's case, the appellant and the other defendants, by their No Case Submission, contended that the Prosecution failed to make out a prima facie case against them; worse still, that the said High court (hereinafter, simply, referred to as "the trial court") had no jurisdiction to entertain the case having regard to Sections 251 (1) of the Constitution of the Federal Republic of Nigeria, (as amended) (hereinafter, simply, referred to as "the Constitution") and Section 1, 2 and 19 of the Admiralty Jurisdiction Act, (AJA).

In its Ruling, the trial court dismissed the No Case Submission; it held that it had the requisite jurisdiction to try the offences of obtaining property by false pretences, forgery, uttering and conspiracy. It proceeded to strike down the provisions of Section 19 of the AJA.

The appellant's appeal to the Court of Appeal, Lagos Division, (hereinafter, simply, called "the lower court") was unsuccessful. The lower court, however, found that, in striking down Section 19 of the AJA, the Ruling breached the appellant's right to fair hearing, it, nevertheless, declined to set aside the ruling of the trial court.

Aggrieved by the said judgment of the lower court, the appellant approached this court.