The Appellant was the Speaker 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 the appellant. This motion led to a fracas in the house as members attacked each other with weapons such as axes, tear gas and chemicals. The Police was called in and they carried out investigation. Their report was submitted to the Attorney-General of Edo State.
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 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 the 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.
The Police report established a prima facie case of stealing and conspiracy against Benjamin Adonye and Augustine Ekata, but alluded to the fact that the acts of Hon. Frank Okiye, Hon. Blessing Agbebaku and the appellant herein by wounding Hon. Philip Shaibu, Hon. Kabiru Adjoto and Hon. Johnson Oguma, constituted crimes, and that their arraignment was dependent on the application of the Attorney- General to the High Court as outlined by Section 26 & 28 of the Legislative Houses (Powers & Privileges) Law of Bendel State applicable to Edo State.
