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 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. Blessing Agbebaku 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.
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, and Hon. Blessing Agbebaku and Zakawanu Garuba of 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.
