PETER AYODELE FAYOSE V. THE STATE

UWANI MUSA ABBA AJI, JCA (Delivering the Leading Judgment): This is an appeal against the interlocutory decision of Hon. Justice C.I. Akintayo of the High Court of Justice, Ekiti State, sitting in Ado-Ekiti delivered on the 12th day of December, 2007 issuing conditional warrant of arrest against the Appellant.

The facts leading to this appeal are, pursuant to the consent granted by the Acting Chief Judge of Ekitit State, Hon Justice Modupe Fasanmi, (as he then was) on the 7th day of July, 2007, the prosecution i.e. the Respondent filed an information against the Appellant and one Olayisade Akintade on the 15th November, 2007 for conspiracy to murder one Tunde Omojola on the 25th May, 2005, pursuant to section 340(2) of the Criminal Procedure Act as applicable in Ekiti State.

When the Respondent could not serve the Appellant, it filed a motion ex-parte on the 4th December, 2007 for his arrest. That motion was withdrawn and struck out. The Appellant and the 2nd accused were absent on t…