ABDU ABOKI, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the decision of the High Court of Justice, Minna, sitting in its appellate jurisdiction delivered on 26th April 2006 per Coram: J.N. Ndajiwo CJ. and C.T. Auta J.
The brief facts of the case are that the Appellants were convicted by the Magistrate Court, Doko, Niger Stale for offences contrary to Sections 136(b) and 265 of the Penal Code and sentenced to seven months imprisonment without an option of fine.
The Appellants filed an appeal to the High Court of Justice Minna, in its appellate jurisdiction against the ruling of the Magistrate Court, Doko. They also sought the leave of the High Court, sitting at New Bussa Niger State, to apply for a writ of certiorari against the proceedings of the Magistrate Court.
The High Court of Justice, New Bussa, granted the Appellants leave and suspended the committal warrant issued by the Magistrate Court, Doko and further ordered the release of the Appellants from priso…