Before Their Lordships
HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria
IBRAHIM MOHAMMED MUSA SAULAWA Justice of The Court of Appeal of Nigeria
TOM SHAIBU YAKUBU Justice of The Court of Appeal of Nigeria
Between
HON. BLESSING AGBEBAKU- Appellant
AND
…………………….A…………………….
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/93C/2010. The following are the facts that 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 as 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. Frank Okiye and the appellant herein – Hon. Blessing Agbebaku and they were accordingly suspended.
The Edo State House of Assembly Ad Hoc Committee led by Hon. Ise Idehen was set up to investigate the fracas, the committee gave seven recommendations which included the continued indefinite suspension of the Appellant herein, Hon. Okiye and Hon. Aigbogun among others.
The Police was called upon and they carried out an investigation. Their report which was dated 1/04/2010, was addressed to the Commissioner of Police with the suggestion that the file be forwarded to the Director of Public Prosecution for vetting and legal advice.
