OGBUINYA JCA (Delivering the Lead Judgment): This appeal queries the correctness of the portion of the decision of the High Court of Benue State, sitting in Otukpo (hereunder referred to as “the lower court”), affecting the appellant, coram judice : A. O. Onum J., in motion No: OHC/104/2004, delivered on 3 June 2004. Before the lower court, the first and second respondent and the third and fourth respondents were the respective appellants and respondent in the said application.
The appellant, a non-party to it, obtained the leave of the lower court, to appeal against the decision as an interested party on 1 September 2004. The facts of the case, which gave birth to the appeal aresubmissive to brevity and easy appreciation. The first and second respondents accused persons were jointly arraigned before the Chief Magistrates’ Court 1, Otukpo (the trial court), presided over by the appellant, for the offences of criminal conspiracy and theft contrary to sections 98 and 288 of the Penal…