Facts:

Before the Federal High Court of Nigeria (trial Court) sitting in Abuja, the Appellant filed an application, pursuant to the Extradition Act Cap, E25, Laws of the Federation of Nigeria 2004 requesting for the surrender and Extradition of the respondent following a request to extradite made by a Diplomatic Representative of the Embassy of the United States of America in Abuja, the application is premised on a two count indictment case filed in the United States District, Southern District of New York.
The application of the Attorney General was heard and granted by the trial Court directing the extradition and surrender of the respondent. The trial Court made orders that the respondent be handed over to the United States to face the indictment against him. The respondent being nettled by this decision appealed to the Court of Appeal (lower Court) Abuja Division. At the lower court, the respondent got judgment by a majority decision of two against one, the majority decision held the view that the trial court did not understand and appreciate the evidence sought to be relied on to erect the request for extradition. The minority decision of the lower court fully agreed with the trial court and affirmed the decision granting the application to extradite the respondent.
The majority decision sent the application back to the trial Court to be heard again by another Judge. The appellant being aggrieved by the decision of the lower Court appealed to the Supreme Court. The respondent also filed a cross-appeal to the Supreme Court.