CLARA BATA OGUNBIYI, J.C.A (Delivering the Leading Judgment): The appeal in this matter is against the ruling of the High Court of Lagos State, Ikeja Judicial Division dated 3rd August, 2004 in charge NO.LCD/108/99 delivered by the Hon. Justice J. O. K. Oyewole in the exercise of his original jurisdiction.
The Appellant herein, as the 4th accused at the lower Court, was charged jointly with the 2nd to the 5th respondents with the offences of conspiracy, attempted murder, and causing grievous bodily harm contrary to the various provisions of the Criminal Code Law of Lagos State.
The brief facts of this case were that by a motion on Notice dated 5th July, 2004 the 4th respondent in this appeal as the 3rd accused at the lower court prayed the court to decline further adjudication in the trial on the ground of bias or likelihood of bias constituting antagonism to him or favoritism or partiality in favour of the prosecution. The stated grounds predicating the application were that:-
"(i) T…