ATTA
V.
COP, KOGI STATE
·
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…