MARY UKAEGO PETER-ODILI, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal, Port Harcourt Division delivered on 8/3/2013 wherein leave was granted to apply for the enforcement of his fundamental rights and the case remitted to the Chief Judge of Rivers State for assignment to another Judge of the High Court of Rivers State for determination.
Again aggrieved with the decision, the Appellant has come before the Supreme Court upon a Notice of Appeal filed on the 9/4/2013
The Appellant was charged on the 30/10/03 before a Chief Magistrate Court of Rivers State sitting in Port Harcourt.
The charge was on three counts of conspiracy and armed robbery. Pleas were not taken and Appellant was remanded in prison custody and the case file was directed to be sent to the Director of public prosecutions (DPP) of Rivers State. No information was filed against him.
On the 20/08/04 Appellant applied to the High Court of Rivers State, sitting in Por…