ATTA
V.
COP, KOGI STATE

(2003) JELR 44899 (CA)

Court of Appeal · CA/A/125/2001 · 22 Jan 2003 · Nigeria
·

Other Citations

Atta v. C.O.P. [2003] 17 NWLR (Pt.849)250

CORAM

IBRAHIM TANKO MUHAMMAD Justice of The Court of Appeal of Nigeria ZAINAB ADAMU BULKACHUWA Justice of The Court of Appeal of Nigeria ALBERT GBADEBO ODUYEMI Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms ^Beta

respondent

appellant

order of mandamus

lower court

learned trial judge

ohinoyi of ebira land

circumstances of this case

grounds of appeal

abdulkadir apollo atta

alhaji ado ibrahim

exhibit b

notice of appeal

complaint of criminal trespass

dr. a. i. atta

exhibit a

exhibit c

family property

humble opinion

leave of court

major renovation

office of the attorney-general of kogi state

ruling of the learned trial judge

atta iii ohinoyi of ebira land

attorney-general of rivers state

best wishes

counter affidavit

date 24th nov.

decision of the lower court

exhibit b shows

exhibit d

facts of this case

following exhibits

following reliefs

front structure of the palace

further contention of the appellant

grant of the order of mandamus

grounds of the application

kogi state commissioner of police

leading judgment

motion ex-parte

national electric power authority

overall facts

police investigation

prosecution of both alhaji ado ibrahim

respect of the 1st ground of appeal

rules of court

said premises

such exercise of discretion

ODUYEMI, J.C.A. (Delivering the Leading Judgment): As required by rules of court, the appellant by a motion ex-parte filed in the Lokoja Judicial Division of the High Court of Kogi State on 27th April, 2002, sought leave of court to apply for an order of mandamus directed to the respondent herein seeking the following reliefs:

"a. To apply for an order of mandamus compelling the Kogi State Commissioner of Police to prosecute Alhaji Ado Ibrahim the Ohinoyi of Ebira land together with Abdulkadir Apollo Atta who sometime in the month of January 2000, forcefully and without permission broke into the aforesaid applicant's premises and made use of same.

b. The prosecution of both Alhaji Ado Ibrahim, the Ohinoyi of Ebira land and Abdulkadir Apollo Atta should be carried out immediately by the respondent as it is now over four calendar months that the applicant lodged with the police, the complaint of criminal trespass, mischief and intimidation."

The application was accompanied by an affida…

ATTA V. COP, KOGI STATE

ATTA
V.
COP, KOGI STATE