AGBEBAKU
V.
STATE

(2014) JELR 39836 (CA)    

Court of Appeal  ·  CA/B/311C/12 ·  22 Jan 2014 ·  Nigeria
CORAM
HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria IBRAHIM MOHAMMED MUSA SAULAWA Justice of The Court of Appeal of Nigeria TOM SHAIBU YAKUBU Justice of The Court of Appeal of Nigeria
Core Terms Beta
service
bench warrant
personal service
charge no b
criminal procedure law
learned trial judge
originating process
senior counsel
senior learned counsel
criminal summons
accused persons
special bailiff
trial court
e. imade esq
motion ex parte
circumstances of this case
issuance of a bench warrant
learned counsel
service of criminal summons
service of summons
such endorsement
following issues
further proof of service
high court
member of the edo state house of assembly
service of the criminal summons
above provisions of the law
appellant filed brief of argument
application of the attorney
counsel dovetail
counter affidavit
detention of the appellant
edo state high court
hon. omokhodion
impeachment of hon. zakawanu garuba
inability of the respondent
indefinite suspension of the appellant
law of bendel state
learned judge
notice of appeal
order of hon. justice idahosa of the edo state high court
prima facie case of stealing
record of appeal shows
records of appeal show
requirement of personal service of the criminal summons
sets of issues

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Order of Hon. Justice Idahosa of the Edo State High Court made on 26/06/11 wherein the Learned Judge ordered a bench warrant to be issued for the arrest and detention of the Appellant in Charge No B/93C/2010. The following are the facts that led to this appeal:

The Appellant was a member of the Edo State House of Assembly. On the 22/2/2010, in the chambers of the Edo State House, Hon. Omokhodion moved a motion for the impeachment of Hon. Zakawanu Garuba - the Speaker of the House. This motion led to a fracas in the house as members threw caution to the wind and attacked each other with weapons such as axes, tear gas and chemicals.

The House reconvened at 12.35pm and Hon. Peter Aliu was nominated and approved as Speaker Protempore of the House. Motions were raised for the suspension of Hon. Zakawanu Garuba, Hon. Aigbogun Levis, Hon. Frank Okiye and the appellant herein - Hon. Blessing Ag…

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