NGWUTA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court, Auchi striking out the appellant's summons for bail. Appellant was arrested in May, 2000 on suspicion of murder. Based on his plea of alibi, he was released on police bail the next day. He was however re-arrested on 4th September, 2000 and arraigned with one other person before the Chief Magistrate's Court Auchi on a two count charge of conspiracy to commit murder and murder punishable under section 516 and 319(1) respectively of the Criminal Code, Cap. 48 Vol.11, Laws of Bendel State of Nigeria, 1976 applicable in Edo State.
The learned Chief Magistrate, notwithstanding the facts that he had no jurisdiction to entertain the matter before him made an order that each of the two accused persons is to be remanded to prison custody for want of jurisdiction. It was not stated from where the court derived the power to make the said order see the lead judgment of Akaahs, J.C.A. in Ogb…