However, in addition to their notice of appeal filed on 28th July, 2005 at the High Court of Minna in its appellate jurisdiction the withdrawal or discontinuance of which is the subject of the present appeal, the Appellants had also applied before the same High Court of Justice of Niger State sitting in exercise of its original jurisdiction sitting at New Bussa for an order of certiorari to quash their conviction and sentence in the decision of the trial Magistrate Doko which convicted and sentenced the Appellants to 7 months imprisonment without any option of fine for the offences punishable under Sections 136 (b) and 265 of the Penal Code. The application was heard by Auta J., who in granting the Appellants leave to apply for the order of certiorari also suspended the conviction and sentence passed on the Appellants by the Magistrate Court and ordered their release prison pending the hearing of their substantive Application fixed for 12th October 2005. It is not quite clear from the record as to why this application for certiorari was not heard as fixed for 12th October, 2005 before the Appellant filed their notice of discontinuance of their.

This criminal appeal is against the judgment of the Court of Appeal Abuja Division appeal dated 10th August. 2005 which also was not heard and determined until 26th April, 2006 when the Appellant were ordered back to the prison to serve their sentence imposed by the Magistrate Court.

The Appellants who were aggrieved by this step taken by the High Court after striking out their notice of appeal, appealed against the decision to the Court of Appeal Abuja Division which after hearing the appeal, in a unanimous decision delivered on 3rd June, 2008 dismissed the Appellants' appeal and affirmed the order of the Minna High Court sending the Appellants back to the prison to serve their sentence. It is worth noting at this stage for the purpose of putting the records straight that the Appellants were also released on bail by the Court of Appeal pending the hearing and determination of their appeal by the Court.

The Appellants who were not satisfied with the decision of the Court of Appeal dismissing their appeal, are now on a further and final appeal to this Court.