P. O. ADEREMI, J.S.C (Delivering the Leading Judgment): The appeal is against the judgment of the Court of Appeal [Calabar Division] in appeal No. CA/C/77/2002; Okon Bassey Ebe v. Commissioner of Police delivered on the 29th of November 2004 in which the court below had allowed the appeal of the appellant [Commissioner of Police] before it, set aside the decision of the High Court (sitting as an appellate court) demanding for the revalidation of the fiat issued by the Attorney- General of Cross Rivers State and also set aside the order made by the appellate High Court striking out the appeal for failure to comply with the provisions of Order 44 Rule 10 (1) of the Cross River State High Court Civil Procedure Rules, 1987.
Briefly, the facts leading to this appeal are thus: - four persons including the appellant were charged before the Chief Magistrate's Court, Akpap Okoyong in Odukpani Local Government Area of Cross River State on a four-count charge involving conspiracy to effect unla…