HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the order of Hon. Justice Idahosa of the Edo State High Court made on 26/06/11 wherein the Learned Judge ordered a bench warrant to be issued for the arrest and detention of the appellant in Charge No B/136C/2010. The following are the facts which led to this appeal:
The Appellant was a member of the Edo State House of Assembly. On the 22/2/2010, in the chambers of the Edo State House, Hon. Omokhodion moved a motion for the impeachment of Hon. Zakawanu Garuba-the Speaker of the House.
This motion led to a fracas in the house as members threw caution to the wind and attacked each other with weapons such axes, tear gas and chemicals.
The House reconvened at 12.35pm and Hon. Peter Aliu was nominated and approved as Speaker Protempore of the House. Motions were raised for the suspension of Hon. Zakawanu Garuba, Hon. Aigbogun Levis, Hon. Blessing Agbebaku and Hon. Frank Okiye and they were accor…