SULU-GAMBARI, J.C.A. (Delivering the Leading Judgment): The 1st to 6th appellants are in custody having been refused bail by the learned Chief Judge of the Federal High Court on the 22nd of June, 1994. They are facing a charge brought under S.41(a) of the Criminal Code for an offence of treasonable felony which is stated as follows:-
"That you Ameh Ebute; (2) Chief Polycap Nwite; (3) Rev. Mac. Onyemethi Nwulu; (4) Onyeka Amadi Okoroafor; (5) Abu Ibrahim and (6) Bola Ahmed Tinubu and others at large on the 30th day of May, 1994 at Lagos in the Lagos Judicial Division of the Federal High Court formed an intention to remove during his term of office other than by Constitutional means the Head of State of the Federal Republic of Nigeria and Commander-in-Chief of the Armed Forces, General Sani Abacha as Head of State and manifested such intention by issuing a Press Statement declaring the Federal Government illegal and thereby committed an offence contrary to Section 41 (a) of the Criminal…