GEORGE OLADEINDE SHOREMI, J.C.A. (Delivering the Leading Judgment): This appeal emanated and got it roots from the proceedings in the Chief magistrate Court Owa-Oyibu in Delta State when the appellants were arrested at Mbiri on the 21st day of November, 2004 and later charged to the Chief Magistrate Court Owa-Gyibu for the offences of conspiracy and Armed-Robbery punishable uncler Section 516 and 402 of the Criminal Code.
The Chief magistrate declined jurisdiction to try the appellants hut remanded the appellants. The appellants challenged the order made by the Chief Magistrate at the High Court of Justice Owa-Oyibu Delta State. The trial Judge Osasi J. on 15th June, 2005 dismissed the case of the appellants. Dissatisfied with the decision of the High Court has appealed to this Court.
In the High Court, Own-Oyibu the appellants filed an originating summons which was expressed as follows:
"LET. C.A. MAIDO ESQ. (CHIEF MAGISTRATE, OWA-OYIBU ATTORNEY GENERAL OF DELTA STATE attend the J…