TOBI, J.C.A. (Delivering the Leading Ruling): On 24th July, 1997, the 2nd defendant/applicant tiled a motion praying the court for an order suspending the execution of warrant of his arrest made and issued out of the High Court No. 1 Onitsha until the determination of the appeal.
Moving the motion, under section 18 of the Court of Appeal Act, 1990, learned counsel for the applicant, Mr. C. J. Asiegbu relied on the 18 paragraph affidavit in support. He referred to Ifecidi v. Ateclze (1995) 5 NWLR (Pt. 394) 196 and Okeke v. Attorney-General of Anambra State (1997) 9 NWLR (Pt. 519) 123 at 146 and 147. Learned Counsel submitted that the court has power to suspend the execution of warrant of arrest under section 16 of the Court of Appeal Act, 1990. He urged the court to grant the Application.
Learned counsel for the 2nd respondent, Mrs. M. C. Emengo, Chief Legal Officer, Ministry' of Justice, Anambra State, indicated to the court that she would not oppose the motion. Learned counsel for the …