KUMAI BAYANG AKA'AHS, JSC (Delivering the Leading Judgment): In order to fully understand this case and the tenacity with which it has been fought by counsel to the parties from the Chief Magistrate's Court Awka which went on appeal to the Anambra State High Court sitting in Awka and to the Court of Appeal, Enugu before its final destination in this Court, it is necessary to give the background facts before the Chief Magistrate Court set the ball rolling. However, it will be difficult to refer specifically to the pages in the record because of the haphazard way in which the record was compiled. The record being used in this appeal and the other appeals namely, SC.279A/2011; SC.279C/2011 and SC.279D/2011 was prepared in respect of Ejike Okoye and Ors v. Commissioner of Police in appeal No.CA/E/97/2008 whose appeal has been assigned SC.279A/2011.
The compiled record of the Chief Magistrate's Court reflect the proceedings of 10/7/06 and 3/8/06 before the appeal went first to the High Cou…