Before Their Lordships
WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria
SULEIMAN GALADIMA Justice of The Supreme Court of Nigeria
MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria
MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria
KUMAI BAYANG AKA’AHS Justice of The Supreme Court of Nigeria
KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Supreme Court of Nigeria
JOHN INYANG OKORO Justice of The Supreme Court of Nigeria
Between
EBELE OKOYE – (SC.279/2011)
AND
EJIKE OKOYE – (SC.279A/2011)
AND
CHIZOBA OKOYE – (SC.279B/2011)
AND
CHIKA OKOYE – (SC.279C/2011)
AND
ONYEKA OKOYE – (SC.279D/2011)
(CONSOLIDATED) –Appellants
AND
COMMISSIONER OF POLICE – (SC.279/2011)
AND
COMMISSIONER OF POLICE – (SC.279A/2011)
AND
COMMISSIONER OF POLICE – (SC.279B/2011)
AND
COMMISSIONER OF POLICE – (SC.279C/2011)
AND
COMMISSIONER OF POLICE – (SC.279D/2011)
(CONSOLIDATED) –Respondent
…………………….A…………………….
KUMAI BAYANG AKA’AHS, J.S.C. (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 & Ors vs 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 Court and later to the Court of Appeal. The charge sheet nonetheless shows that the accused/appellants were arraigned on 24/5/06 before Dr. (Mrs) V. N. N. Ibeziako, a Chief Magistrate in Awka and were granted formal bail. In the appellant’s brief which he filed at the Court of Appeal repeating the address he made at the High Court, the prosecuting counsel Mr. B. A. Onwuemekaghi stated as follows in the opening paragraph:
